Major Bates
About Major Sonny Bates
Major Bates campaigned against the Department of Defense’s Anthrax Vaccine Immunization Policy.
From the time he was four years old, U.S. Air Force Major Sonnie Bates had a dream: to become a successful military pilot and serve his country. By all accounts, Major Bates accomplished his goal; he was an exceptional airman and highly decorated pilot who served his country for fourteen years. He was an Air Force pilot instructor, flight examiner, safety program manager, instructor trainer, and chief of operations and analysis for the 436th Operations Group. Bates twice was awarded the Air Force Meritorious Service Medal and the Air Force Commendation Medal and received an Air Force Achievement Medal. His military career came to an abrupt end, however, in March 2000. Major Bates refused to follow a direct order. The direct order was to take the anthrax vaccine.
There is little controversy that anthrax poses a serious threat. Former Secretary of Defense William Cohen authorized the anthrax vaccination program because “anthrax poses a clear and present danger to our armed forces. It is the weapon of choice for germ warfare because it is easy to weaponize and is as lethal as the Ebola virus.” Anthrax is produced by the bacteria Bacillus anthracis. Contamination can occur in three ways: through the skin, by ingestion, and by inhalation. Inhalation of anthrax, caused by the release of anthrax spores into the air, poses the largest threat because spores are highly lethal and easily manufactured. In fact, anthrax spores can be spread easily over a large area and can be stored effectively for decades. Although everyone agrees that anthrax poses a serious threat, not everyone agrees that the anthrax vaccine is a safe and effective way to minimize that threat.
Sonnie Bates has become a symbol of the raging debate about the legality and effectiveness of the military’s mandatory anthrax vaccination program (AVIP). Bates refused the vaccine based on his safety concerns. In a memorandum to the Air Force explaining his decision, Bates stated,
I believe the anthrax vaccine is unsafe. It is linked to a large number of illnesses among people in my unit. Within a few weeks after I reported for duty I became aware that approximately 5% of my squadron were suffering from unusual illnesses that resembled those described as Gulf War Illness. They all had two things in common; they all had the anthrax vaccine and were healthy before receiving the vaccine.
Major Bates received a general discharge and lost his military pension and retirement benefits. Other service members have refused the vaccine because they believe it is unsafe, harmful, and ineffective. They distrust the government’s research and recommendations. Major Bates is believed to be one of the highest-ranking military officials to refuse the vaccine. More recently, Captain John Buck, an Air Force physician, refused the anthrax vaccine. Captain Buck’s case is noteworthy because he is the first military doctor to refuse the vaccine and because his refusal sends a message to service members.
Secretary Cohen mandated anthrax vaccinations for the entire U.S. military in a May 18, 1998, memorandum. His directive spurred congressional hearings and disputes as to the legality of ordering soldiers to take the vaccine. These hearings, held by the Subcommittee on National Security, Veterans Affairs, and International Relations of the House Government Reform Committee, have been highly critical of AVIP. The media report that a substantial number of military personnel, especially reservists, are leaving the armed forces because they do not want to be vaccinated.
The refusal of Major Bates to be vaccinated and the national attention his case garnered raise fundamental questions about the validity of military orders, informed consent for experimental vaccines, and medical ethics. This Note explores these issues, particularly the question whether a commander can require a service member to submit to an anthrax vaccination. This analysis necessarily involves legal, policy, and medical questions. Part I examines anthrax and the threat it poses. Part II explores the medical controversy surrounding the vaccine. Part III discusses the legal issues concerning orders to take the vaccine and includes an examination of the cases addressing the legality of disobeying an order. Finally, Part IV analyzes whether an order to take the anthrax vaccine is legal and concludes that such a direct order is illegal under federal law.