A press release from Texas Governor Greg Abbott’s office yesterday announced his intention to sue the federal government over what he believes to be an unconstitutional vaccine mandate for the Texas National Guard.
On Tuesday, Abbott wrote a letter to Major General Tracy R. Norris, Adjutant General of the Texas Military Department. In it, the governor says he, as the commander-in-chief of Texas’ militia, orders that no member of the Texas National Guard within his chain of command punish any guards for choosing not to receive a COVID-19 vaccine. Last December, Abbott said he would not enforce vaccine mandates on Texas National Guard members.
“Although my order has been in effect for months now, President Biden has muddied the waters with a vaccine mandate from the US Department of Defense,” the letter continues. “To clear up any confusion, this letter addresses all Texas guardsmen who are serving in a Title 32 status or a state active-duty status.”
Abbott says that unless Biden federalizes the Texas National Guard per Title 10 of the U.S. Code, he retains authority over Texas Military Forces.
“[Biden] is not your commander-in-chief under our federal or state Constitutions. And as long as I am your commander-in-chief, I will not tolerate efforts to compel receipt of a COVID-19 vaccine,” he said, addressing the Guard. “To the extent the DoD vaccine mandate conflicts with the order I have given, my order controls.”
“Let me be crystal clear: It is the federal government that has put Texas’s guardsmen in this difficult position,” Abbott’s letter concluded. “As your commander-in-chief, I will fight on your behalf. That is why I am suing the Biden Administration over its latest unconstitutional vaccine mandate.”
According to another press release from his office, Greg Abbott asked the federal government Friday, December 31, to open additional testing sites in some of the state’s most populous counties.
Testing sites were selected because of their positivity rates and hospitalization levels. Those areas are in Bexar, Cameron, Dallas, Harris, Hidalgo, and Tarrant counties.
“Detecting COVID-19 and preventing COVID-related hospitalizations are critical to our fight against this virus,” said Abbott. “While the Biden administration has cut supplies of monoclonal antibody treatments and testing kits when they are needed most, the State of Texas is urging the federal government to step up in this fight and provide the resources necessary to help protect Texans. Testing sites, additional medical staff, and continued shipments of therapeutics from the federal government will help us continue to save lives and mitigate the spread of COVID-19.”
The Biden Administration has stated that new federal COVID-19 testing sites will be opened across the country. According to the Texas Tribune, a spokesperson for the Texas Department of State Health Services, Lara Anton, said the agency had no idea when or how many testing sites would be set up in the state. The only antibody treatment deemed effective against the Omicron variant has run out in Texas.