Bush seeks resumption of anthrax program

WASHINGTON -- The Bush administration asked a federal appeals court yesterday to reinstate mandatory anthrax inoculations for many military personnel, while a lawyer for soldiers who refused the shots said anthrax vaccine was never intended for the purpose the Pentagon is using it.

The government is appealing a decision by US District Judge Emmet Sullivan, who suspended anthrax vaccinations after he found fault with the Food and Drug Administration's process for approving the drug. Half a dozen unnamed members of the armed forces are challenging the Pentagon's program.

Labeling for the vaccine says it is for individuals with high-risk exposure such as veterinarians and certain industrial workers.

Appeals Court Judge David Tatel asked why the labeling's definition of high-risk exposure isn't broad enough to cover members of the military.

John Michels, a lawyer for the six plaintiffs, replied that it was because the government originally sharply restricted use of the vaccine. ''Nobody thought that this stuff was licensed for inhalation anthrax," said Michels.

At issue is whether federal regulators limited the vaccine's use to combating anthrax spores transmitted by touch. ''The labeling does not include any limitation," Justice Department lawyer Michael Raab told the judges.

Since 1998, 1.2 million troops have been vaccinated against anthrax in six-shot regimens. Hundreds of service members had been punished or discharged for refusing the shots, which have adverse side effects in about one person in 100,000.

In April, Sullivan said the Pentagon can resume giving anthrax vaccinations, but only to troops who volunteer for them.

The vaccine is being given primarily to troops in Korea, the Middle East, and South Asia, the Pentagon said. It will also go to soldiers who work in defense against biological weapons.