Greg Abbott, Texas governor, has openly opposed the COVID-19 vaccination mandates and related protocols. In open defiance of the orders issued by the Pentagon, Greg Abbott encouraged the National Guardsmen to not obey the coronavirus vaccine directive issued. Abbott assured the Guardsmen that they would not be penalized for their disobedience.
Greg Abbott Challenges The Pentagon’s Vaccine Mandate
Greg Abbott, on Tuesday, made threats of filing a federal case against the Biden government and contested their authority to issue COVID-19 vaccination orders to the troops.
In a letter addressed to Major General Norris of the National Guard of Texas (TNG), Greg Abbott stated that unless the TNG is federalized by President Joe Biden, in conformity with Title ten of the United States Code, Biden is not the chief commander as per the State and Federal Constitutions. Abbott further stated that while he is the chief commander he will keep refusing and challenging the vaccine mandate.
Texas and a minimum of 6 other Republican States including Nebraska, Oklahoma, Mississippi, Wyoming, Iowa, and Alaska have opposed the vaccination mandate and have requested the US Pentagon to indemnify Guardsmen who choose not to get inoculated.
This scenario has to lead to a struggle for power and authority between the Pentagon and the States as to whom the inherent power over the Guardsman lies. This subject has not been covered in either military law or courts.
Guardsmen have a dual duty towards both the President and the Governor. According to the law, for the most part, Guardsmen have their allocated duty under the State and the Governor. However under Title 10 federal orders reserved for foreign missions which on activation would render the President to be their commander.
Greg Abbott continued in his statement that if President Biden lawfully employs the Guardsmen in the national service then the President has every right to make COVID-19 vaccinations compulsory.