O’Connor Files Lawsuit Against National Guard Vaccine Mandate

Oklahoma Attorney General John O’Connor has entered another federal lawsuit against the Biden Administration, this time focused on stopping the COVID-19 vaccination requirement for the National Guard. He’s requesting a Temporary Restraining Order or a preliminary injunction to prevent the mandate from being enforced. The lawsuit also tried to keep the Biden Administration from withholding federal funds to the Oklahoma National Guard or its Guard members due to vaccination status.

O’Connor is looking to get the mandate kicked out as unconstitutional.

“Biden’s COVID-19 vaccine mandate ensures that many Oklahoma National Guard members will simply quit instead of getting a vaccine, a situation that will irreparably harm Oklahomans’ safety and security,” said Attorney General John O’Connor.  “These patriots, along with many federal employees, who serve their country and their state are now at risk of being terminated because they do not wish to take the vaccine.”

On Monday, Secretary of Defense Lloyd Austin rejected Governor Stitt’s request for the Oklahoma National Guard to be exempted from the requirement.

O’Connor’s federal lawsuit filed on Thursday has the governor’s support.

“The U.S. Constitution, the Oklahoma Constitution, and U.S. Code Title 32 are all clear: as governor, I am the Commander-in-Chief of the Oklahoma National Guard.

“Therefore, unless mobilized by the President of the United States under U.S. Code Title10, I retain the authority for all training and governance of the Oklahoma National Guard – including determining if and how training guidelines issued by the president will be implemented.

“This week, Secretary of Defense Lloyd Austin declared his intention to proceed with unconstitutional punishment that individually targets Oklahoma National Guard soldiers and airmen, including withholding their pay.

“It is unconscionable that President Biden and his administration are choosing to play politics with military paychecks, especially amid the highest inflation rate in 30 years and so close to the holiday season,” said Stitt in a statement after the lawsuit was filed.

O’Connor and Stitt have established pattern of challenging nearly all of the COVID-19 vaccine mandates by getting involved or filing lawsuits.

“I will continue fighting to protect Oklahoma against this alarming pattern of unconstitutional federal overreach coming from the Biden administration,” said Stitt.

The Oklahoma Legislature passed a bill to create a $10 million fund to allow the Attorney General’s Office to challenge federal actions should they be considered “overreach” into the state’s reserved powers.