Slowly but surely the relics of governmental overreach in the name of containing Flu Manchu are being rolled back. Texas Governor Greg Abbott finally announced he was letting his three year old emergency declaration lapse. (Are you sure you’re not rushing there, governor?)
Now a federal court has slapped down Biden’s vaccine mandate on the National Guard.
Just hours after Gov. Greg Abbott finally ended the COVID-19 disaster declaration, he announced that he won an appeals case against the Biden administration for attempting to enforce vaccine mandates on the Texas National Guard.
In January 2022, Texas Attorney General Ken Paxton filed a lawsuit against President Joe Biden to stop him from forcing the Texas Army National Guard and the Texas Air National Guard to get coronavirus vaccinations.
Over a year later, the U.S. Court of Appeals for the 5th Circuit issued its ruling that the Constitution and laws of the United States deny Biden the power to punish members of the Texas National Guard if they refused to get injected with the vaccine.
Circuit Judge Andrew Oldham stated in his opinion that he rejects the president’s assertion of power over the members because they were not called into national service.
In this case, President Biden imposed and then repealed a mandate requiring State militiamen to take the COVID-19 vaccine. And now that the President has rescinded the vaccine requirement, he wants to retain the power to punish militia members who refused to get the shots while the mandate was in effect—all without calling them into national service. We reject the President’s assertion of power because it would undermine one of the most important compromises in the Constitution. If the Constitution’s text, history, and tradition make anything clear, it’s that the President can punish members of the Texas militia only after calling them into federal service.
In Paxton’s lawsuit, he argued that neither the president nor federal military officials can force the state’s National Guard to comply with vaccination mandates.
“Neither the President nor federal military officials can order the Governor of Texas and non-federalized National Guardsmen to comply with a vaccination mandate or to direct a particular disciplinary action for failure to comply,” Paxton’s office wrote in a press release. “President Biden is not those troops’ commander-in-chief; Governor Abbott is.”
There seems to be no constitutional limit statists won’t override in their eternal, all-encompassing quest for dominion over others. Eternal vigilance is still the price of freedom.
Tags: Andrew Oldham, coronavirus, Greg Abbott, Joe Biden, Ken Paxton, National Guard, Texas, vaccine mandate
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