Tuesday, January 04, 2022

Maybe Gov. Greg Abbott should read some court decisions before running his mouth

From Militarycom via Yahoo! News -

'He Is Not Your Commander-in-Chief:' Texas Governor Promises Guardsmen He'll Fight Biden Over Vaccine Mandate

Texas Gov. Greg Abbott is digging in against COVID-19 vaccinations and related mandates, telling National Guardsmen in his state they can ignore Pentagon inoculation rules and will not face any retribution for not getting coronavirus vaccines.

On Tuesday, the Republican governor, who is facing challenges from his political right in a reelection bid next year, threatened to file a federal lawsuit challenging the Biden administration's authority to order troops to be inoculated against COVID-19.

Abbott's filing is here.

From the filing -










From Article 4, Section 7 of the Texas Constitution -










From AP via Military Times -

Judge rejects Oklahoma’s lawsuit over National Guard vaccine mandate

A federal judge in Oklahoma on Tuesday ruled against the state in its lawsuit challenging the vaccine mandates for members of the Oklahoma National Guard in a dispute that is the first critical test of the military’s authority to require National Guard troops to get the shot.

U.S. District Judge Stephen Friot denied Oklahoma’s request for a preliminary injunction, saying the claims by Gov. Kevin Stitt, Attorney General John O’Connor and 16 anonymous Oklahoma National Guard members were without merit.

From Stitt's own press release on the suit -

Governor Stitt, Attorney General O’Connor Sue Biden Administration Over National Guard Vaccine Mandate

“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.

From the Oklahoma Constitution -





The language in Oklahoma's constitution looks very similar to the language in Texas', but I'm not a lawyer.  My guess is that Abbott's suit will face the same fate as Stitt's.

Of course, I could be wrong.

From the website of the U.S. District Court, Eastern District of Texas, Tyler Division (where Abbott filed his lawsuit) -








Both district judges were appointed by Trump, while the magistrate judge circled in blue was appointed by George W. Bush.

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