- Texas Governor Greg Abbott sued President Biden and Pentagon officials over the military vaccine mandate
- Suit says 40 per cent of Texas Guard are refusing to get the vaccine
- Suit cites Abbott’s authority as commander in chief of the guard
- State Guard forces become federalized when called up by the president
- They must be prepared for rapid deployments and longer-term deployments
- A federal judge in Oklahoma ruled against a similar effort late last month
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.
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.