Texas Governor Greg Abbott on Tuesday sued Joe Biden and the Pentagon over its military vaccine mandate.
Over 40% of the Texas National Guard are refusing to get the Covid vaccine.
On Tuesday Governor Abbott asked a federal judge to overturn Biden’s vax mandate citing his own authority as commander-in-chief as governor.
The Daily Mail reported:
Texas Gov. Greg Abbott has sued President Biden over the administration’s military vaccine mandate, citing the governor’s authority ‘as commander-in-chief and on Texas’s sovereignty.’
Abbott filed suit Tuesday in Texas, asking a federal judge to overturn Biden’s vaccine requirement, in a filing that repeatedly invokes Abbott’s own authority as commander of chief of the guard, which is subject to complex jurisdiction.
Under overlapping statutes, state national guards remain under the command of governors except when they are called up for federal by the president. Title 10 of the U.S. Code applies to active duty military, while Title 32 applies to the Guard.
‘Defendants’ intrusion into the discretion and scope of Title 32 commanders is contrary to the balance of power between federal and state officials set out by the U.S. Constitution and federal law,’ Abbott argues in the suit, which names Biden in his professional capacity.
‘It is unlawful for Defendants to attempt to override the Governor’s authority to govern his troops, and then leave him to deal with the harms that they leave in their wake,’ according to the suit.
The suit cites the Texas state constitution, and claims the defendants’ actions ‘directly infringe on Governor Abbott’s authority as commander-in-chief and on Texas’s sovereignty, and so harm Governor Abbott and Texas.’
