Texas Gov. Greg Abbott tells his National Guard Biden is NOT their 'commander-in-chief' as he sues the White House over 'unconstitutional' military vaccine mandate
Texas Gov. Greg Abbott has sued President Biden over the administration's military vaccine mandate, citing the governor's authority 'as Commander in Chief and on Texas's sovereignty.'
Abbott filed suit Tuesday in Texas, asking a federal judge to overturn Biden's vaccine requirement, in a filing that repeatedly invokes Abbott's own authority as commander of chief of the guard, which is subject to complex jurisdiction.
Under overlapping statutes, state national guards remain under the command of governors except when they are called up for federal by the president. Title 10 of the U.S. Code applies to active duty military, while Title 32 applies to the Guard.
Texas Governor Greg Abbott sued President Biden and Pentagon officials over the military vaccine mandate
'Defendants’ intrusion into the discretion and scope of Title 32 commanders is contrary to the balance of power between federal and state officials set out by the U.S. Constitution and federal law,' Abbott argues in the suit, which names Biden in his professional capacity.
'It is unlawful for Defendants to attempt to override the Governor's authority to govern his troops, and then leave him to deal with the harms that they leave in their wake,' according to the suit.
The suite cites the Texas state constitution, and claims the defendants' actions 'directly infringe on Governor Abbott’s authority as Commander in Chief and on Texas’s sovereignty, and so harm Governor Abbott and Texas.'
The deadline for troops to get vaccinated was December 31st. According to Abbott's suit, 40 per cent of members of the Texas Army National Guard under his command are refusing to get the shot for religious or other reasons.
President Biden imposed the vaccine mandate, which was put forth by Defense Secretary Lloyd Austin, on members of the armed forces. The administration is also fighting in court over private sector mandates for larger employers
According to Abbott's suit, 40 per cent of members of the Texas Army National Guard under his command are refusing to get the shot for religious or other reasons. Guard serve under state authority until called up by the president
People gathered in front of NASA Johnson Space Center on Tuesday, October 12, 2021 to protest forced vaccinations of the workforce
Public health officials have repeatedly invoked the effectiveness of the vaccines to head off severe infection or death from COVID-10, which has killed more than 800,000 Americans.
Late last month, a federal judge blocked a similar effort by Oklahoma Gov. Kevin Stitt to block the vaccine mandate.
Defense Secretary Lloyd Austin, who himself recently tested positive for COVID-19, replied to Stitt with a letter invoked by the judge. 'Citing the President’s authority over the Guard under 32 U.S.C. § 110, the Secretary expressed his view–not credibly contested by the plaintiffs in their motion or in any of the supporting materials–that to maintain a healthy and ready military force capable of protecting the American people, the immediate vaccination against COVID-19 is an essential military readiness requirement for all components and units of the military, including the Oklahoma National Guard.'
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