Posted on Dec 29, 2021
Federal judge rejects Oklahoma's bid to block National Guard vaccine mandate
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Unless the Judge doesn't believe that the National Guard is the Militia, the Judge needs to re-read the Constitution.
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." *When called into the actual service of the United States.* The President, and subsequently the Secretary of Defense, has no authority in this matter unless or until the Oklahoma National Guard is placed on Title 10 orders. Until them the Governor if Oklahoma is my Commander in Chief, not the President of the United States.
The Constitution is the ultimate source of merit, or should be.
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." *When called into the actual service of the United States.* The President, and subsequently the Secretary of Defense, has no authority in this matter unless or until the Oklahoma National Guard is placed on Title 10 orders. Until them the Governor if Oklahoma is my Commander in Chief, not the President of the United States.
The Constitution is the ultimate source of merit, or should be.
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Capt Gregory Prickett
1SG (Join to see) - no, it wouldn't. I can post the SCOTUS case law if you want, but the bottom line is that if you do not comply with federal regulations and directives, you won't get paid, and will eventually be separated from the service.
Look, I'm all for state-control over the Guard, I wore the T-patch when I first joined, and being from Oklahoma originally, I would have been proud to wear the Thunderbird. But to be qualified, I had to go through basic. I had to get qualified as an 11B, and later as an Air Force SP. If I didn't get qualified, I didn't get to stay in.
And I had to comply with the vaccination regimen, whether I wanted to or not. If I refused, I wouldn't get paid, and would be separated from the service. Nothing's changed except that this vaccine has been politicized.
Look, I'm all for state-control over the Guard, I wore the T-patch when I first joined, and being from Oklahoma originally, I would have been proud to wear the Thunderbird. But to be qualified, I had to go through basic. I had to get qualified as an 11B, and later as an Air Force SP. If I didn't get qualified, I didn't get to stay in.
And I had to comply with the vaccination regimen, whether I wanted to or not. If I refused, I wouldn't get paid, and would be separated from the service. Nothing's changed except that this vaccine has been politicized.
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1SG (Join to see)
Capt Gregory Prickett who is the Commander in Chief of a state's National Guard when not in Title 10 status?
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1SG (Join to see)
Capt Gregory Prickett rereading the judge's statements, I think it's possible that he doesn't think the National Guard is the militia any longer, and there is some merit to that view. If so, that would change the whole rubric.
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Capt Gregory Prickett
1SG (Join to see) - I've already answered that when I said the state had control over the Guard. I had to swear an oath to both the United States and to the State of Texas, and although I had a retired RA officer (an uncle) swear me in when I joined, I had to have a TXARNG officer administer the second oath.
That doesn't negate the authority that the Secretary of Defense to establish readiness standards under the NDA of 1916 and its successors. So the Adjutant General of Oklahoma and the Governor can say that their Guard members don't have to be vaccinated, and there won't be consequences, and that will be true, to a point.
But you need to remember that the pay comes from the feds, and they don't have to pay someone who is not meeting readiness standards. If the Governor really wanted to push this, then he would have the State pick up that pay, but he won't do that, will he? That's why the State AG just ordered non-vaccinated airmen not to attend drill.
That doesn't negate the authority that the Secretary of Defense to establish readiness standards under the NDA of 1916 and its successors. So the Adjutant General of Oklahoma and the Governor can say that their Guard members don't have to be vaccinated, and there won't be consequences, and that will be true, to a point.
But you need to remember that the pay comes from the feds, and they don't have to pay someone who is not meeting readiness standards. If the Governor really wanted to push this, then he would have the State pick up that pay, but he won't do that, will he? That's why the State AG just ordered non-vaccinated airmen not to attend drill.
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