An Oklahoma federal judge ruled on Tuesday against the state’s attempt to block the Department of Defense’s (DOD) COVID-19 vaccine mandate for National Guard members.
U.S. District Judge Stephen Friot ruled against the motion by Oklahoma Republican Gov. Kevin Stitt and the state’s Attorney General John O’Connor, writing that the claims were “without merit.”
“The court is required to decide this case on the basis of federal law, not common sense. But, either way, the result would be the same,” Friot wrote in the ruling. “The claims asserted by the Governor and his co-plaintiffs are without merit.”
On December 2, Stitt filed a lawsuit against the Biden administration to stop the vaccine requirement for National Guard members in his state.
“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,” Stitt said in a statement.
“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,” the governor added.
In a Twitter post regarding the lawsuit, Stitt wrote, “It is unconscionable that President Biden is choosing to play politics with military paychecks.”
.@Okla_OAG and I are fighting back against the Biden administration for their unconstitutional National Guard vaccine mandate.
It is unconscionable that President Biden is choosing to play politics with military paychecks.
My full statement:https://t.co/c3OCZhPpU8
— Governor Kevin Stitt (@GovStitt) December 2, 2021
Stitt has increasingly spoken out against the Biden administration’s mandates in recent weeks. In a December 8 video shared to Twitter, he said, “I believe there is nothing more precious or more fragile than our freedom.”
He added, “I’m fighting back against his unconstitutional federal overreach every step of the way.”
I believe there is nothing more precious or more fragile than our freedom.
President Biden thinks freedom should take a backseat to his political agenda.
That’s why I’m fighting back against his unconstitutional federal overreach every step of the way. pic.twitter.com/GxxtHVScex
— Governor Kevin Stitt (@GovStitt) December 8, 2021
The ruling follows a recent letter from the Republican governors of five states to Defense Secretary Lloyd Austin asking for an end to the COVID-19 vaccine mandate for National Guard members. The Daily Wire previously reported:
The letter focused on the rights of personnel, arguing that the requirement is beyond the department’s constitutional authority.
“We acknowledge your right to establish readiness standards for the National Guard for activation into a Title 10 status,” the letter said.
“However, directives dictating whether training in a Title 32 status can occur, setting punishment requirements for refusing to be COVID-19 vaccinated, and requiring separation from each state National Guard if unvaccinated are beyond your constitutional and statutory authority,” it added.
Iowa Gov. Kim Reynolds, Wyoming Gov. Mark Gordon, Alaska Gov. Mike Dunleavy, Mississippi Gov. Tate Reeves, and Nebraska Gov. Pete Ricketts were the Republicans included as signers of the letter.
Earlier in December, Texas Republican Gov. Greg Abbott also sent a letter to Austin to note that his state will not impose the Biden administration’s COVID-19 vaccine mandate on members of the Texas National Guard.
The State of Texas will NOT impose the Biden Administration’s #COVID19 vaccine mandate on members of the Texas National Guard.
Read more ⬇️ https://t.co/eYUvo9jgei
— Gov. Greg Abbott (@GovAbbott) December 16, 2021
“As Governor of Texas, I am the commander-in-chief of this State’s militia,” Abbott wrote in his letter to Austin.
“This willingness to hollow out the National Guard is unconscionable in the face of growing global threats and a border crisis created by the Biden Administration,” he added in the letter.
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