(The Center Square) – A federal appeals court sided with Gov. Greg Abbott in a case challenging the Biden administration, ruling that the federal government’s attempt to punish noncompliance with the COVID-19 vaccine mandate was unconstitutional.
The case challenged the administration’s vaccine mandate for Texas National Guard members.
“The court ruled that the Texas militia, including the Guard, is not subject to punishment by the federal government because they have not been called into service by the President,” according to a June 15 news release.
Abbott is commander-in-chief of Texas’s militia, meaning he is the only person who can direct disciplinary actions against non-federalized Texas Guardsmen.
“We reject the President’s assertion of power because it would undermine one of the most important compromises in the Constitution,” according to the appeal. “If the Constitution’s text, history, and tradition make anything clear, it’s that the President can punish members of the Texas militia only after calling them into federal service.”
After Biden repealed the mandate, his administration still tried to punish those who did not originally comply.
“Threats of federal punishment against Texas Guardsman included court-martial, discharge, prohibition of drills and other duties, and withholding of pay,” according to the news release.
The Office of the Attorney General served as Abbott’s counsel in the case.
