Five governors, including Alaska Gov. Mike Dunleavy, are calling on the Pentagon to rescind the Covid-19 vaccine mandate for National Guard members.
In their letter, the governors say the mandate is unconstitutional, and that National Guards report to governors of the states, unless called upon by the federal government.
“We write to request you withdraw part of your and the Service Secretaries’ directives to National Guard members in their Title 32 duty status concerning the COVID-19 vaccine,” the letter states. “We acknowledge your right to establish readiness standards for the National Guard for activation into a Title 10 status. However, directives dictating whether training in a Title 32 status can occur, setting punishment requirements for refusing to be COVID-19 vaccinated, and requiring separation from each state National Guard if unvaccinated are beyond your constitutional and statutory authority,” the letter states.
“The U. S. Supreme Court has for decades affirmed in cases, such as in Perpich v. Department of Defense, 496 U.S. 334 (1990), 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 Militia Clauses found in Article 1, Section 8, of the U.S. Constitution clearly state, ‘…reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress,’” the letter states.
The letter was signed by Govs. Mark Gordon of Wyoming, Kim Reynolds of Iowa, Tate Reeves of Mississippi, and Pete Ricketts of Nebraska, as well as Dunleavy.
Separately, Oklahoma Gov. Kevin Stitt also asked the Pentagon to suspend a requirement that Oklahoma National Guard members receive the vaccination, noting 800 soldiers — 10% of the Oklahoma National Guard was not vaccinated and had no intention of getting the vaccine. The Oklahoma National Guard requires none of its members to become vaccinated for Covid, in defiance of the Biden order.
