Governors from five states have written a joint letter to Lloyd J. Austin III, the defense secretary, asking that their National Guard troops be exempted from a federal coronavirus vaccine mandate, greatly escalating what had been a single state conflict over inoculations.
“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,” wrote the Republican governors of Alaska, Wyoming, Iowa, Mississippi and Nebraska to Mr. Austin, and asked that their states be given an exemption from the requirement. The Pentagon has yet to respond to the letter, which was dated Tuesday.
Last month, the Defense Department rejected an attempt by Kevin Stitt, the governor of Oklahoma, to exclude the state’s National Guard from the mandate, setting the stage for Guard members in the state to lose their jobs should they refuse. The department this week released a new order noting that all guard members who do not get vaccinated will receive a general order of reprimand, which would essentially end their career.
Federal officials have said that governors have no legal standing to allow Guard members to refuse the vaccine mandate. State officials and some legal experts, however, believe that unless National Guard members are federally deployed, they are under the jurisdiction of the governor of their state and therefore not subject to federal mandates.