GOV. ABBOTT SUING BIDEN ADMINISTRATION OVER NATIONAL GUARD VACCINE MANDATE

  

Governor Greg Abbott is suing the federal government over its requirement that members of the National Guard get vaccinated for COVID-19.

Abbott claimed in a letter Tuesday announcing the lawsuit that the Biden Administration is violating the U.S. Constitution’s Second Militia Clause and “undermining” his commander-in-chief power.

Abbott also said he has directed members of the National Guard within his chain of command to not punish any guard member for choosing not to get vaccinated.

Abbott said unless President Biden federalizes the Texas National Guard, he remains the commander-in-chief, and “will not tolerate efforts to compel receipt of a COVID-19 vaccine.”  He added that he refuses to be “commandeered into doing the federal government’s work.”

President Biden is authorized under Title 10 of U.S. Code to mobilize the guard under federal authority.  Abbott said if President Biden calls the guard into the service of the United States, then he could order its members to receive the vaccine as the guard’s new commander-in-chief.

Last month, Abbott wrote to U.S. Secretary of Defense Lloyd Austin that the state would not impose the vaccine requirement on the Texas National Guard.