The Discipline of Refusal: Constitutional Concerns About Lawful Orders in the U.S. Military
BLUF – In a War on the Rocks commentary, Kurt Shulkitas argues that military officers who believe an otherwise lawful order threatens constitutional institutions should formally document their concerns to their commander and an inspector general while respecting civilian authority and continuing to execute lawful orders. For Navy Medicine, the proposed approach offers a framework for senior medical leaders to raise and preserve concerns about policies that may affect constitutional responsibilities without substituting their own judgment for lawful command authority.