“I absolutely foresee service members potentially filing suit and seeking injunction precluding them from having to get the vaccine,” said Carol Thompson, a partner at the Federal Practice Group who specializes in military law. “I think the key issue for the military is that it’s still not FDA-approved and the Emergency Use Authorization seems to have been abused.”

If a service member refuses an order to get vaccinated, then their commander can issue an administrative reprimand or a non-judicial punishment, often referred to as an NJP, explained Thompson.

Administrative reprimands are essentially written complaints that go in a service member’s permanent file and can affect promotions or career advancement. NJPs vary by a service member’s rank, status and experience, and range from a lowering in rank or a reduction or suspension in pay to an honorable or other-than-honorable discharge. These are all punishments that would take place outside the courts.