I’m no lawyer, but this letter discussing the laws (Section 564)surrounding the mandating of EUA medicines by entities to include the DOD and recent DOJ Slip opinion on same makes what looks to me like good arguments.

https://www.icandecide.org/wp-content/uploads/2021/08/Letter-in-Response-to-DOJ-Slip-Opinion-Released-on-July-26-2021.pdf