Court rules against airman who refused vaccine

WASHINGTON » The Supreme Court ruled on Monday that the Pentagon may take disciplinary action against a lieutenant colonel in the Air Force Reserve who refused to be vaccinated against the coronavirus on religious grounds.

The court’s brief, unsigned order gave no reasons, which is common when the justices act on emergency applications. The court’s three most conservative members — Justices Clarence Thomas, Samuel Alito and Neil Gorsuch — noted dissents but did not explain their thinking.

The court’s order, an interim measure that denied relief while appeals proceed, followed a similar ruling last month that said the Navy could consider the vaccination status of 35 of its service members in decisions about where they should be assigned or deployed. The same three justices dissented.

In the new case, Lt. Col. Jonathan Dunn, who has been removed from his command after serving for nearly two decades as a pilot, trainer and commander, said he sought only “protection against further punishment, including a discharge.”

Dunn, who has received many other vaccinations without objection, said he decided that the coronavirus vaccine violated his faith after seeing President Joe Biden speak about it, leading him to conclude that “the vaccine ceased to be merely a medical intervention and took on a symbolic and even sacramental quality.”

This was, he said, “akin to the ancient Roman laws requiring that sacrifices be made to Caesar.”

He added that he had been infected by the virus and developed antibodies as a result.

Elizabeth B. Prelogar, the U.S. solicitor general, told the justices that the Air Force had determined, in its military judgment, “that vaccination of service members is an essential component of military readiness and is critical to protecting the health and safety of service members.”

She added that Dunn had exhibited poor judgment that justified his removal from command for reasons independent of his refusal to be vaccinated.

On being ordered to choose among being vaccinated, submitting his resignation or refusing the vaccine in writing, Dunn instead sent a one-word memorandum to a two-star general several steps above him in the chain of command: “NUTS!”