The memo echoed Brig. Gen. Anthony McAuliffe’s famous response to a German surrender demand in 1944 during the Battle of the Bulge. Colonel Dunn’s lawyers told the justices that he had used the term “to demonstrate resolve, not disrespect.”
His direct commander disagreed, saying the message was a “highly disrespectful affront to the chain of command” that showed “a shocking lack of military decorum.” Ms. Prelogar noted that the American officer who delivered General McAuliffe’s message had added an explanation. “If you don’t understand what ‘Nuts’ means, in plain English, it is the same as ‘Go to hell,’” the officer said.
Ms. Prelogar added that Colonel Dunn’s unit had to be prepared to deploy anywhere in the world on short notice, including to countries that require proof of vaccination for entry.
She noted that the military had long required vaccinations, starting in 1777, when George Washington ordered the inoculation of the Continental Army against smallpox. As of early 2021, she wrote, nine vaccines were required for all service members.
In August, the Defense Department said it would add the coronavirus vaccine to the list. According to court papers, 98 percent of Air Force members have been vaccinated.
The Supreme Court has historically been wary of second-guessing military judgments.
In other areas, though, the Biden administration has had mixed success in defending its responses to the pandemic in the Supreme Court. In January, the justices blocked the administration from enforcing a vaccine-or-testing mandate for large employers, but they allowed a more limited mandate requiring health care workers at facilities receiving federal money to be vaccinated.