For over two centuries, the military deference doctrine has shaped the relationship between America’s armed forces, the judiciary, and civilian leadership. In their insightful article, Major Melissa L. Ken and Brigadier General Linell A. Letendre examine how today’s heightened judicial deference to military decision-making threatens to erode civilian oversight and weaken the courts’ constitutional role. Through a COVID-era vaccine case study, they reveal how this doctrine can function as a near-automatic endorsement of military actions, raising concerns about unchecked authority. Ken and Letendre argue for reinforcing civilian control and restoring robust judicial review to ensure the military remains subject to appropriate constitutional
scrutiny—safeguarding both the rights of service members and the foundational balance of governmental power.
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