Saturday, December 04, 2021

Oklahoma suing Biden admin over Nat'l Guard vax mandate

Stitt: “It is unconscionable that Biden is choosing to play politics with military paychecks.”

OKLAHOMA CITY (Dec. 2, 2021) – Governor Kevin Stitt released the following statement regarding a federal lawsuit filed today to prohibit the Biden administration from punishing members of the Oklahoma National Guard for not being vaccinated against COVID-19 while in Title 32 status:

“The U.S. Constitution, the Oklahoma Constitution, and U.S. Code Title 32 are all clear: as governor, I am the Commander-in-Chief of the Oklahoma National Guard.

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

“This week, Secretary of Defense Lloyd Austin declared his intention to proceed with unconstitutional punishment that individually targets Oklahoma National Guard soldiers and airmen, including withholding their pay.

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

“Threatening the pay of National Guard members is manifestly unlawful and unfair, as unvaccinated active-duty personnel do not have their pay withheld.

“Further, it is hypocritical that Secretary Austin addresses the importance of medical readiness in his letter but fails to mention that unlike active-duty personnel, National Guard members are not provided health care and must purchase it themselves. If medical readiness is truly that high of a priority to the Department of Defense, it should provide health care for all National Guard Soldiers and Airmen like it does for active duty service members.

“I will continue fighting to protect Oklahoma against this alarming pattern of unconstitutional federal overreach coming from the Biden administration.”

Attorney General O'Connor Sues Over COVID-19 Vaccine Mandate for Military and Federal Employees

OKLAHOMA CITY - Today, the State of Oklahoma filed a lawsuit against the Biden Administration to stop its mandatory COVID-19 vaccination requirement for federal employees and the National Guard.  The Office of the Oklahoma Attorney General has asked a federal court to grant a Temporary Restraining Order (TRO) and/or preliminary injunction followed by a permanent injunction, preventing the Biden Administration from enforcing the vaccine mandate.

Additionally, the lawsuit asks the Court to block the Biden Administration from withholding federal funding from the Oklahoma National Guard or its Guard members.  Finally, our office asks the Court to declare the mandate unconstitutional on multiple grounds.

“Biden’s COVID-19 vaccine mandate ensures that many Oklahoma National Guard members will simply quit instead of getting a vaccine, a situation that will irreparably harm Oklahomans’ safety and security,” said Attorney General John O’Connor.  “These patriots, along with many federal employees, who serve their country and their state are now at risk of being terminated because they do not wish to take the vaccine.”

The Biden Administration has previously admitted that it is not the federal government’s role to enforce vaccine mandates.

“This vaccine mandate is unlawful and does not reflect the Land of the Free,” said General O’Connor.

“We are grateful for the support of the Legislature and the Governor in the State’s efforts to block the overreach of the Biden Administration,” General O’Connor said.  “Their support and funding for this lawsuit protects hardworking Oklahomans in federal jobs, and our Oklahoma National Guard members from Biden’s reckless and unlawful vaccine mandates.”


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