Texas Gov. Abbott to sue Biden admin over vaccine mandate for National Guard

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Gov. Greg Abbott, R-Texas , on Tuesday released a letter announcing his intention to sue the federal government for what he claimed is an unconstitutional vaccine mandate for the Texas National Guard.

"As the commander-in-chief of Texas’s militia, I have issued a straightforward order to every member of the Texas National Guard within my chain of command: Do not punish any guardsman for choosing not to receive a COVID-19 vaccine," Abbott wrote in the letter, which was addressed to Maj. Gen. Tracy Norris, Adjutant General of the Texas Military Department.

"Unless President Biden federalizes the Texas National Guard in accordance with Title 10 of the U.S. Code, he 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," Abbott continued.

"Let me be crystal clear: It is the federal government that has put Texas’s guardsmen in this difficult position. 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," he added.

Title 32 of the U.S. code places the National Guard under the authority of state governors, though Title 10 puts them under federal control if the president calls them up.

Explaining how federal courts will ultimately have to decide the issue, Abbott concluded, "Win or lose, President Biden must be held accountable for his unconscionable willingness to hollow out the Texas National Guard. Please know that I am grateful for your service and will continue fighting on your behalf."

Texas Gov. Greg Abbott attends a press conference where he signed Senate Bills 2 and 3 at the Capitol on June 8, 2021, in Austin, Texas. (Photo by Montinique Monroe/Getty Images)

Last week, a federal judge rejected a similar lawsuit from Gov. Kevin Stitt, R-Okla., who likewise sued to block the federal vaccine mandate for his state's National Guard.

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Abbott's announcement comes after he sent a letter to Defense Secretary Lloyd Austin in December informing the Pentagon that he will not be enforcing the Biden administration’s COVID-19 vaccine mandate for his state's National Guard.

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Defense Secretary Lloyd Austin holds a briefing in Tbilisi on Oct. 18, 2021. (Photo by VANO SHLAMOV/AFP via Getty Images) (VANO SHLAMOV/AFP via Getty Images)

"The State of Texas will not enforce this latest COVID-19 vaccine mandate against its guardsmen. If the federal government keeps threatening to defund the Texas National Guard, I will deploy every legal tool available to me as Governor in defense of these American heroes," Abbott wrote at the time.

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Gov. Mark Gordon of Wyoming, Gov. Mike Dunleavy of Alaska, Gov. Kim Reynolds of Iowa, Gov. Tate Reeves of Mississippi and Gov. Pete Ricketts of Nebraska have also asked the Pentagon to rescind the order.

Austin on Aug. 25 directed all branches of the military to ensure service members receive the vaccine as numbers surged over the summer, though the deadlines vary depending on the branch.