Abbott wins appeals case chal­leng­ing Biden’s vac­cine man­date for Texas Nation­al Guard members

Texas filed the lawsuit in January 2022 to stop the administration from forcing Texas Army National Guard, Texas Air National Guard to get vaccinations.

Published: June 16, 2023 8:08am

Updated: June 16, 2023 12:25pm

Texas Gov. Greg Abbott has won an appeals case against the Biden administration for its attempt to enforce COVID-19 vaccine mandates on the Texas National Guard. 

Texas filed the lawsuit in January 2022 to stop the administration from forcing members of Texas Army National Guard and the Texas Air National Guard to get coronavirus vaccinations.

Earlier this week, the U.S. Court of Appeals for the 5th Circuit issued its ruling that the Constitution and laws of the United States deny the administration the power to punish members of the Texas National Guard if they refused to get injected with the vaccine. 

Circuit Judge Andrew Oldham, in his opinion, argued the administration under the Constitution didn't have the authority to "retain the power to punish militia members who refused to get the shots," after having rescinded the vaccine requirement.

Also at issue was the Guardsmen having not been called into federal service and that Texas, not the federal government, has the authority over the Guard.

"Although the State National Guard is funded largely by the federal government, the Governor remains in charge of the National Guard in each [S]tate except when the Guard is called into active federal service,” the opinion reads. 

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