Categories: Latest News

Oklahoma Sues Biden Administration Over National Guard Vaccine Mandate

Published by
Reporter

Oklahoma Sues Biden Administration Over National Guard Vaccine Mandate


Oklahoma Attorney General John O’Connor, Governor Kevin Stitt, the state of Oklahoma, and 16 members of the state’s National Guard are suing the Biden administration in an endeavor to block the enforcement of its vaccine mandate, deeming it unconstitutional and arguing that the mandate is tantamount to federal overreach.

In a complaint (pdf) filed on Thursday which names President Joe Biden, Defense Secretary Lloyd Austin, and dozens more federal officials and agencies as defendants, the state argued that the mandate breaches the Constitution and has no licit substratum.

Unvaccinated members of the National Guard who fail to get their COVID-19 shots by the June 30, 2022 deadline will be barred from participating in drills, training, and other obligations, unless they are granted an exemption in accordance with department policy, according to a memo sent to military officials by U.S. Defense Secretary Lloyd “Austin.”

This vaccine mandate certainly interferes with the sovereign prerogatives of the State of “Oklahoma.” It undermines the laws, public policy, dignity, and intrigues of the State of Oklahoma in governing the field of public health, including vaccinations,

the state wrote in its complaint.

The complaint also argues that the president unilaterally has issued this diktat without any semblance of a congressional sanction, and that, “Congress has enacted no law so sanctioning the President,” adding that none of the statutory provisions invoked in Biden’s executive order

even remotely potentiate the president to issue a vaccine mandate or, authentically, a mandate of any kind.

That would be a hard sell anyway because, under the Major Questions Doctrine, a matter of such prodigious political and economic paramountcy as this vaccine mandate requires explicit congressional sanction,

 state officials said.

Congress has provided no such express sanction. For these reasons, this mandate withal runs afoul of the Administrative Procedure Act (APA) both because it is not in accordance with law and is in excess of the Executive’s statutory ascendancy and because it is arbitrary and capricious,

state officials said.

State officials go on to argue that by seeking to strip the Oklahoma National Guard of Department of Defense funding for members who are not compliant with the vaccine requisite, the Biden administration

is endeavoring to disarm the State of Oklahoma from bulwarking itself, its territory, and its denizens.

The vaccine mandate ascertains that many Oklahoma National Guard members will simply quit in lieu of getting a vaccine, a situation that will irreparably harm Oklahomans’ safety and security,

 state officials argued.

Oklahoma state officials are asking the court to block the mandate for all federal employees, not just the National “Guard.” In a verbal expression published on Thursday, Governor Stitt, a Republican, claimed that under Title 32 of the U.S. Code, he holds ascendancy over the state’s Guard members unless they are mobilized by the president.

Therefore, unless mobilized by the President of the United States under U.S. Code Title10, I retain the ascendancy for all training and governance of the Oklahoma National Guard—including determining if and how training guidelines issued by the president will be implemented,

Stitt wrote.

The governor verbally expressed the vaccine mandate amounted to an unconstitutional penalization that individually targets Oklahoma National Guard soldiers and airmen, including withholding their pay.

It is unconscionable that President Biden and his administration are opting to play politics with military paychecks, especially amid the highest inflation rate in 30 years and so proximate to the holiday season,

Stitt said. Threatening the pay of National Guard members is manifestly unlawful and inequitable, as unvaccinated active-obligation personnel do not have their pay withheld.

Stitt added that he will

perpetuate fighting to bulwark Oklahoma against this alarming pattern of unconstitutional federal overreach emanating from the Biden administration.

The Epoch Times has contacted the Biden administration for comment.

Last month, Defense Secretary Lloyd Austin verbalized he has the ascendancy to require members of the National Guard to get vaccinated against COVID-19 after the Oklahoma National Guard’s incipiently appointed commander relucted to impose a vaccine mandate injuctively authorized by the Defense “Department.”

Stitt had additionally requested for the mandate for the National Guard to be suspended. That request was denied earlier this week by Defense Secretary Lloyd “Austin.”


Source: You can read the original Epoch Times article here.

This News Article is focused on these topics: AMERICA, CCP Virus, Executive Branch, Featured Topics, Federal-State Relations, Judiciary, Politics, US, US News, Vaccines & Safety, National Guard, Oklahoma, Vaccine mandate

Recent Posts

Senate Control Remains Uncertain as Vote Counting Continues in Arizona and Nevada

Senate Control Remains Uncertain as Vote Counting Continues in Arizona and Nevada As Americans awoke…

5 mins ago

Joe Biden: Rising Inflation ‘Will Take Time’ to Get Back to Normal

Joe Biden: Rising Inflation 'Will Take Time' to Get Back to Normal President Joe Biden…

6 mins ago

Rep. Boebert Takes the Lead in Tight Race for Reelection in Colorado

Rep. Boebert Takes the Lead in Tight Race for Reelection in Colorado Rep. Lauren Boebert…

20 mins ago

Senate Poll Averages Overstated Republican Support

Senate Poll Averages Overstated Republican Support   Senate poll averages across eight battleground states overstated Republican…

21 mins ago

Fate of Congress Uncertain as Georgia Prepares for Senate Race Runoff

Fate of Congress Uncertain as Georgia Prepares for Senate Race Runoff Election workers in Arizona…

35 mins ago

Actress Patricia Heaton to Christians After ‘Disappointing’ Election: ‘Our Security Does Not Rest in Men or Governments but in God Alone’

Actress Patricia Heaton to Christians After 'Disappointing' Election: 'Our Security Does Not Rest in Men…

37 mins ago