A federal judge ruled today that the US military cannot force soldiers to be vaccinated against anthrax against their will without a special order from US President George W. Bush.
US District Judge Emmet Sullivan issued an order barring the forced vaccinations, agreeing with a group of service members who filed suit arguing the practice violated federal laws.
"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," Judge Sullivan wrote in a 33-page opinion.
The Pentagon had no immediate comment. It was not immediately clear what kind of a waiver from President Bush would be necessary to allow the vaccinations to resume.
Judge Sullivan rejected the Pentagon's argument that the soldiers' refusal to take the shots undermines US military readiness and its defense against battlefield use of biological weapons.
The Pentagon started a mass program in 1998 to inoculate military personnel against anthrax, the complaint says.
Several million doses of vaccines are administered to US troops annually, with more than 900,000 troops getting vaccinated against anthrax and more than 500,000 against smallpox.
The service members who filed the lawsuit, including active duty soldiers, reservists and Pentagon contractors, contended the vaccine is an experimental drug that is "unapproved for its intended use."