Legal Opinion
United States v. Kisala
Court of Appeals for the Armed Forces
Decided September 27, 2006No. 04-0246/ARPublishedCited by 9 opinions
1Opinion of the Court
Chief Judge GIERKE
delivered the opinion of the Court.
Appellant was convicted, contrary to his pleas, of willfully disobeying a lawful order of his superior commissioned officer to receive an anthrax vaccination. 1 Appellant has challenged the lawfulness of the order. We hold that Appellant has not rebutted the presumption that the order was lawful. In particular, Appellant has not demonstrated that the order relied improperly upon interpretations by the Food and Drug Administration (FDA) of the long-standing approved license to administer this specific Vaccine. 2
I. FACTS
Appellant’s Battalion…
2Cases cited13 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Auer v. RobbinsSupreme Court of the United States · 1997
- Unger v. ZiemniakUnited States Court of Military Appeals · 1989
- United States v. NewCourt of Appeals for the Armed Forces · 2001
- United States v. WomackUnited States Court of Military Appeals · 1989
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3Cited by9 opinions
- Bates v. DonleyDistrict Court, District of Columbia · 2013
- Martin v. DonleyDistrict Court, District of Columbia · 2012
- United States v. Master Sergeant TIMOTHY B. HENNISArmy Court of Criminal Appeals · 2016
- United States v. JohnsonUnited States Air Force Court of Criminal Appeals · 2017
- HARKINS v. United StatesUnited States Court of Federal Claims · 2025
4 more not listed; retrieve them via the Exa API.