State of Oklahoma Suing Biden Administration Over ‘Unconstitutional’ National Guard Vaccine Mandate

Oklahoma Attorney General John O’Connor, Governor Kevin Stitt, the authorities of Oklahoma, and 16 members of the state’s National Guard are suing the Biden medication successful an effort to artifact the enforcement of its vaccine mandate, deeming it unconstitutional and arguing that the mandate is tantamount to national overreach.

In a ailment (pdf) filed connected Thursday which names President Joe Biden, Defense Secretary Lloyd Austin, and dozens much national officials and agencies arsenic defendants, the authorities argued that the mandate violates the Constitution and has nary ineligible basis.

Unvaccinated members of the National Guard who neglect to get their COVID-19 shots by the June 30, 2022 deadline will beryllium barred from participating successful drills, training, and different duties, unless they are granted an exemption in accordance with section policy, according to a memo sent to military officials by U.S. Defense Secretary Lloyd Austin.

“This vaccine mandate surely interferes with the sovereign prerogatives of the State of Oklahoma. It undermines the laws, nationalist policy, dignity, and interests of the State of Oklahoma successful governing the tract of nationalist health, including vaccinations,” the authorities wrote successful its complaint.

The ailment besides argues that “the president unilaterally has issued this diktat without immoderate semblance of a legislature authorization,” and that, “Congress has enacted nary instrumentality truthful permitting the President,” adding that nary of the statutory provisions invoked successful Biden’s enforcement bid “even remotely empower the president to contented a vaccine mandate or, really, a mandate of immoderate kind.”

“That would beryllium a hard merchantability anyhow because, nether the Major Questions Doctrine, a substance of specified immense governmental and economical value arsenic this vaccine mandate requires explicit legislature authorization,” state officials said.

“Congress has provided nary specified explicit authorization. For these reasons, this mandate besides runs afoul of the Administrative Procedure Act (APA) some due to the fact that it is not successful accordance with instrumentality and is successful excess of the Executive’s statutory authorization and due to the fact that it is arbitrary and capricious,” authorities officials said.

State officials spell connected to reason that by seeking to strip the Oklahoma National Guard of Department of Defense backing for members who are not compliant with the vaccine requirement, the Biden medication “is trying to disarm the State of Oklahoma from protecting itself, its territory, and its citizens.”

The vaccine mandate “ensures that galore Oklahoma National Guard members volition simply discontinue alternatively of getting a vaccine, a concern that volition irreparably harm Oklahomans’ information and security,” state officials argued.

Oklahoma authorities officials are asking the court to artifact the mandate for each national employees, not conscionable the National Guard.

A subordinate of the U.S. Armed Forces administers a COVID-19 vaccine to a constabulary serviceman astatine a FEMA assemblage vaccination halfway successful Philadelphia, Pa., connected March 2, 2021. (Mark Makela/Getty Images)

Chicago constabulary officers on with different metropolis workers and their supporters protestation against the mayor’s COVID-19 vaccination argumentation for metropolis employees, astatine metropolis hallway successful Chicago connected October 25. (Scott Olson/Getty Images)

In a statement published connected Thursday, Governor Stitt, a Republican, claimed that under Title 32 of the U.S. Code, helium holds authorization implicit the state’s Guard members unless they are mobilized by the president.

“Therefore, unless mobilized by the President of the United States nether U.S. Code Title10, I clasp the authorization for each grooming and governance of the Oklahoma National Guard—including determining if and however grooming guidelines issued by the president volition beryllium implemented,” Stitt wrote.

The politician said the vaccine mandate amounted to an “unconstitutional punishment that individually targets Oklahoma National Guard soldiers and airmen, including withholding their pay.”

“It is unconscionable that President Biden and his medication are choosing to play authorities with subject paychecks, particularly amid the highest ostentation complaint successful 30 years and truthful adjacent to the vacation season,” Stitt said. “Threatening the wage of National Guard members is manifestly unlawful and unfair, arsenic unvaccinated active-duty unit bash not person their wage withheld.”

Stitt added that helium volition “continue warring to support Oklahoma against this alarming signifier of unconstitutional national overreach coming from the Biden administration.”

The Epoch Times has contacted the Biden medication for comment.

Last month, Defense Secretary Lloyd Austin said helium has the authorization to necessitate members of the National Guard to get vaccinated against COVID-19 aft the Oklahoma National Guard’s recently appointed commandant refused to enforce a vaccine mandate ordered by the Defense Department.

Stitt had besides requested for the mandate for the National Guard to beryllium suspended. That petition was denied earlier this week by Defense Secretary Lloyd Austin.