On Thursday, Oklahoma’s attorney general John O’Connor filed a lawsuit against President Joe Biden and his administration over it’s mandate that all federal employees and the National Guard get the COVID-19 shot.
O’Connor slammed Biden’s mandate, going so far as to call it “unlawful,” adding in a press release that the COVID-19 mandate “does not reflect the Land of the Free.”
“Biden’s COVID-19 vaccine mandate ensures that many Oklahoma National Guard members will simply quit instead of getting a vaccine, a situation that will irreparably harm Oklahomans’ safety and security,” O’Connor said. “These patriots, along with many federal employees, who serve their country and their state are now at risk of being terminated because they do not wish to take the vaccine.”
“This vaccine mandate is unlawful and does not reflect the Land of the Free,” he added. “We are grateful for the support of the Legislature and the Governor in the State’s efforts to block the overreach of the Biden Administration. Their support and funding for this lawsuit protects hardworking Oklahomans in federal jobs, and our Oklahoma National Guard members from Biden’s reckless and unlawful vaccine mandates.”
Sean Timmons, Managing Partner with Tully Rinckey law firm, gave his thoughts on the lawsuit to Military.com.
“It ultimately needs to be decided by the Appellate Court or Supreme Court because it’s about sovereign authority,” Timmons said. “The commander in chief of the Guard is the governor, the Guard is an instrument of state power, I believe the court can claim [the mandate] unlawful. The Oklahoma [Attorney General] has a valid argument, that the federal order is infringing on the state’s power and a violation of the 10th Amendment.”
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Oklahoma Governor Kevin Stitt (R) has voiced his support for the lawsuit.
“The U.S. Constitution, the Oklahoma Constitution, and U.S. Code Title 32 are all clear: as governor, I am the Commander-in-Chief of the Oklahoma National Guard,” Stitt said, according to KOCO. “Therefore, unless mobilized by the President of the United States under U.S. Code Title10, I retain the authority for all training and governance of the Oklahoma National Guard – including determining if and how training guidelines issued by the president will be implemented.”
“This week, Secretary of Defense Lloyd Austin declared his intention to proceed with unconstitutional punishment that individually targets Oklahoma National Guard soldiers and airmen, including withholding their pay,” he added. “It is unconscionable that President Biden and his administration are choosing to play politics with military paychecks, especially amid the highest inflation rate in 30 years and so close to the holiday season. Threatening the pay of National Guard members is manifestly unlawful and unfair, as unvaccinated active-duty personnel do not have their pay withheld.”
“Further, it is hypocritical that Secretary Austin addresses the importance of medical readiness in his letter but fails to mention that unlike active-duty personnel, National Guard members are not provided health care and must purchase it themselves,” Stitt concluded. “If medical readiness is truly that high of a priority to the Department of Defense, it should provide health care for all National Guard Soldiers and Airmen like it does for active duty service members. I will continue fighting to protect Oklahoma against this alarming pattern of unconstitutional federal overreach coming from the Biden administration.”
This piece was written by James Samson on December 4, 2021. It originally appeared in RedVoiceMedia.com and is used by permission.
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