December 15, 2021 |
Wyoming is headed for another showdown with the federal government over mandated injections for the coronavirus. The latest battle involves the National Guard.
Governor Mark Gordon and four other Republican governors told Secretary of Defense Lloyd Austin that punishing any National Guard member for refusing to be inoculated with the Covid-19 protection drug while serving in a state capacity is “beyond your constitutional and statutory authority.”
Joining Governor Gordon in signing the letter were Governor Pete Ricketts of Nebraska, Governor Kim Reynolds of Iowa, Governor Tate Reeves of Mississippi and Governor Mike Dunleavy of Alaska and Governor Kevin Stitt of Oklahoma.
The governors cited case law, Perpich versus the Department of Defense. The U.S. Supreme Court ruled that enlistees retain their status as State Guard members unless and until ordered to active federal duty.
In the letter to the secretary of Defense, the Governors note that the Supreme Court has affirmed “that the National Guard is under the command and control of the Governor of each state unless those members are called to active service under Title 10.”
The letter requests the Secretary reverse directives that dictate whether training can occur, setting punishment requirements and requiring separation from a state’s National Guard for refusing to be COVID-19 vaccinated. The Department of Defense has threatened to deny promotions, awards and bonuses for anyone who refuses the injection. The unvaccinated would eventually be weeded out of the service.
Governor Mark Gordon called the directive for Wyoming guard members to accept the jab a matter of federal overreach. Under Title 10 protocols guard members only answer to the governor and the state’s military chain-of-command, the governor said.
Governor Stitt of Oklahoma was the first to challenge the military over the vaccine order. Stitt’s administration announced in November that Oklahoma guardsmen would not be required to submit to the inoculation if they did not want it. The jab-optional policy defied a Pentagon directive issued in August that makes vaccination mandatory for all troops, including the National Guard, by deadlines set by each service branch.
In a November 11th memo, the Oklahoma Adjutant General told National Guard members in his state that if they are not mobilized under Title 10 orders, only the Governor has the authority to issue “lawful” commands. The bold move created a standoff. The Pentagon stood its ground and insisted that all National Guard members must follow the same medical protocol as active duty troops. However, the Pentagon worried other states would follow Oklahoma’s lead. Their fears are now realized. The Sooner State now has allies and a battery of federal court cases blocking the Biden vaccine mandate in civilian arenas as federal overreach outside of the law. Wyoming Governor Mark Gordon, in a statement Tuesday, wrote, “Under Title 32 Status, the Wyoming National Guard is under my control.”
Defense Secretary Lloyd Austin has said National Guard members who refuse COVID-19 vaccination will be barred from federally funded drills and training that is required to maintain their Guard status. The governors asked the Secretary of Defense, in light of established case law, to reconsider the directives. The Department of Defense has not responded.
