Texas Gov. Greg Abbott sues Biden administration over COVID-19 vaccine mandate for National Guard

Gov. Greg Abbott sued the Biden administration for imposing a COVID-19 vaccine mandate that covers the Texas National Guard.

In a Tuesday letter addressed to Major Gen. Tracy Norris, the adjutant general of the Texas Military Department, Abbott said he will file suit in federal court over the “latest unconstitutional vaccine mandate” while stressing that he, not President Joe Biden, is commander in chief of the Texas National Guard.


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“As the commander-in-chief of Texas’s militia, I have issued a straightforward order to every member of the Texas National Guard within my chain of command,” Abbott’s letter said. “Do not punish any guardsman for choosing not to receive a COVID-19 vaccine.”


A lawsuit was filed Tuesday in the Eastern District of Texas, the Texas Tribune reported.

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Other Republican-led states have voiced opposition to the Pentagon’s coronavirus vaccine mandate for both active and inactive military members. The core battle at play is who has the ultimate authority over National Guard troops while they are under Title 32 of the U.S. Code, which details that the governor is the commander unless they are called up for federal duty, which would then put them under federal control.

Oklahoma Gov. Kevin Stitt filed a lawsuit Dec. 2 on behalf of 16 Oklahoma Air National Guard members, but it was denied by a federal court Dec. 28.

Iowa Gov. Kim Reynolds, Alaska Gov. Mike Dunleavy, Mississippi Gov. Tate Reeves, Wyoming Gov. Mark Gordon, and Nebraska Gov. Pete Ricketts have also spoken out against the vaccine mandate.

Abbott said that “unless President Biden federalizes the Texas National Guard in accordance with Title 10 of the U.S. Code,” that he is not the commander in chief of Texas “under our federal or state Constitutions.”

“As long as I am your commander-in-chief, I will not tolerate efforts to compel receipt of a COVID-19 vaccine,” Abbott said, adding that “win or lose, President Biden must be held accountable for his unconscionable willingness to hollow out the Texas National Guard.”

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