Sorry, but SCOTUS has no jurisdiction over Military matters. That's JAG jurisdiction, and unfortunately, JAG has sided with the Buyden Admin on this coof shot matter.
I was surprised to learn there there's more overlap than just JAG jurisdiction as seen by the previous DoD Anthrax mandate. Here:
The Court has considered Plaintiff's Motion for a Preliminary Injunction, the Response and Reply thereto, counsel's representations at oral argument, and the relevant statutory and case law. In sum, because the record is devoid of an FDA decision on the investigational status of AVA, this Court must determine AVA's status for itself. This Court is persuaded that AVA is an investigational drug and a drug being used for an unapproved purpose. As a result of this status, the DoD is in violation of 10 U.S.C. § 1107, Executive Order 13139, and DoD Directive 6200.
Thus, because the plaintiffs are likely to prevail on the merits, defendants will not face substantial harm by the imposition of an injunction, the public interest is served, and plaintiffs face irreparable harm, the Court finds that the plaintiffs meet the requirements for a Preliminary Injunction.
[81] The women and men of our armed forces put their lives on the line every day to preserve and safeguard the freedoms that all Americans cherish and enjoy. Absent an informed consent or presidential waiver, the United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugs.
[82] An appropriate Order accompanies this Opinion.
[83] ORDER
[84] Pursuant to Fed. R. Civ. P. 65 and for the reasons stated by the Court in its Memorandum Opinion docketed this same day, it is this 22nd day of December, 2003, hereby
[85] ORDERED that the Motion for a Preliminary Injunction is GRANTED.
Sorry, but SCOTUS has no jurisdiction over Military matters. That's JAG jurisdiction, and unfortunately, JAG has sided with the Buyden Admin on this coof shot matter.
I was surprised to learn there there's more overlap than just JAG jurisdiction as seen by the previous DoD Anthrax mandate. Here:
The Court has considered Plaintiff's Motion for a Preliminary Injunction, the Response and Reply thereto, counsel's representations at oral argument, and the relevant statutory and case law. In sum, because the record is devoid of an FDA decision on the investigational status of AVA, this Court must determine AVA's status for itself. This Court is persuaded that AVA is an investigational drug and a drug being used for an unapproved purpose. As a result of this status, the DoD is in violation of 10 U.S.C. § 1107, Executive Order 13139, and DoD Directive 6200.
[81] The women and men of our armed forces put their lives on the line every day to preserve and safeguard the freedoms that all Americans cherish and enjoy. Absent an informed consent or presidential waiver, the United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugs.
[82] An appropriate Order accompanies this Opinion.
[83] ORDER
[84] Pursuant to Fed. R. Civ. P. 65 and for the reasons stated by the Court in its Memorandum Opinion docketed this same day, it is this 22nd day of December, 2003, hereby
[85] ORDERED that the Motion for a Preliminary Injunction is GRANTED.