The Pentagon won its initial battle over the National Guard's vaccination requirement, but a larger war is raging as numerous states seek to assert their jurisdiction.
Oklahoma Gov. Kevin Stitt's request to preliminarily halt the mandate was denied by a federal judge in late December. However, the state still has alternatives; and a week after Oklahoma's setback, Texas Gov. Greg Abbott is fighting the requirement in court. The National Guard is divided between the states and the federal government. While governors usually mobilize the guard in the event of catastrophes or national disasters, the federal government can also do so; but this is unusual.
Pentagon wins legal battle on vaccine mandate
Per The Hill, the debate over the Pentagon's mandate centers on the question of who has control over the National Guard, and courts have now been drawn into the fray. Army guard troops have until late June to comply with the command or risk repercussions. Stitt and Abbott, speaking on behalf of the state, argue that they have control over the guard while it works under Title 32 of the US Code. Under Title 10, the president has the right to mobilize the guard, bringing him under federal control.
The Pentagon has mostly been silent about the litigation it is facing over the National Guard's and other military services' vaccination mandates. Officials have made it clear that the rule applies to all troops, regardless of service status, when it comes to the guard.
A renowned hospital's head has warned that a mandatory vaccine mandate for healthcare workers might result in the loss of 1,000 employees. Dr. Clive Kay, the chief executive of King's College Hospital (KCH), confessed he was "concerned" since around 10% of the hospital's 14,000 employees had not yet received the first dosage.
Gov. Abbott previously sued Biden admin over vaccination demand
Dr. Kay responded that his role was to "urge personnel to get vaccinated" after Sajid Javid was questioned by a consultant anesthetist on the ICU ward during a visit to the hospital. Steve James notified the Health Secretary that he disagreed with the Government's decision to require vaccines for NHS hospital personnel, claiming that the research did not support the action.
James also told the Secretary of Health that he declined to be vaccinated because he is immune to becoming "antibody" positive after being exposed to the virus. Kay refused to comment on "particular situations," but he said that it was a "moot question" whether they were fair because the measures were now legal. As the deadline for receiving a first dosage approaches, senior officials at KCH are stepping their efforts to persuade hospital employees to be vaccinated, he added, according to The Daily Telegraph via MSN.
Texas Governor Greg Abbott has sued President Biden over the administration's military vaccination demand, arguing that his position "as commander-in-chief and on Texas's sovereignty" allows him to do so. Abbott filed a lawsuit in Texas on Tuesday, requesting that a federal judge dismiss Biden's vaccination demand, citing Abbott's authority as commander of the guard, which is subject to difficult jurisdiction.
Except when called up for federal duty by the president, state national guards remain under the direction of governors under overlapping legislation. Title 10 of the United States Code Active-duty troops are subject to the Code, whereas the Guard is subject to Title 32. The vaccination deadline for troops was December 31st. According to Abbott's lawsuit, 40% of the Texas Army National Guard men under his command are refusing the injection for religious or other reasons. Daily Mail reported.
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