Alaska Governor Mike Dunleavy has joined Texas in federal court to stop the federal government from requiring members of the National Guard to get COVID-19 vaccines as a condition of their state service. Alaska and its people.

Governor Dunleavy and Texas Governor Greg Abbott are plaintiffs in the case against President Biden and Department of Defense officials. The governors argue that the unconstitutional vaccination mandate usurps state sovereignty and unlawfully undermines their authorities as commanders of state National Guard units.

“Our Alaska National Guard recently responded to winter storm disasters in Yakutat, the interior, and Mat-Su. What will happen in the next disaster if members of the Guard cannot be activated because they have chosen not to be vaccinated against COVID by the federal government? » said Governor Dunleavy. “Protecting the freedom and freedom of National Guard members is the responsibility of responsible governors. The federal government does not have the authority to make health decisions for members of the National Guard who work under state authority. I am committed to protecting this medical freedom and fighting against the trampling of our state’s rights under the 10^and Amendment,” Governor Dunleavy said.

The Alaska Constitution states that the governor is the “commander-in-chief” of the state’s armed forces, and it empowers the governor to order members of the Guard to enter active duty in the state.

The Defense Department’s request to members of the Alaska Army National Guard and Alaska Air National Guard is an inappropriate assertion of federal authority, the lawsuit says. Because the National Guard was not placed in federal service, authority over the Guard rests with state governors. The Pentagon has no legal authority to dictate actions or discipline to members of the State Guard, the complaint states.

“This is not a case requiring a pro or anti-vaccine stance, nor is it a case that challenges any aspect of the federal government’s authority over the National Guardsmen once the federal authority has been properly established,” the lawsuit states. On the contrary, the Constitution is clear on the dual role of the National Guard on duty in the United States and as a state militia. When not in federal service, the power to command the National Guard rests with the state governors.

The lawsuit said Governors Dunleavy and Abbott ensured Guard members met the federal government’s military readiness standards “without coercion, threat or micromanagement” for more than 18 months of the COVID-19 pandemic.

In late August 2021, the Secretary of Defense ordered all military personnel, including the Guard, to be vaccinated against COVID-19. In November, the Secretary ordered the Department of Defense to withhold the salaries of unvaccinated and unfederated Guard members or deny them credit for drills and training.

“We rely on our National Guard to deploy during natural disasters and perform search and rescue operations. They keep Alaska safe and integral to protecting our state,” said Attorney General Treg Taylor, whose office is representing Governor Dunleavy in the lawsuit. “The federal government’s mandate jeopardizes public safety and emergency response, while ignoring the authority of the governor.

In addition to the National Guard warrant lawsuit, Attorney General Taylor is involved in several other lawsuits against the federal government’s excessive vaccine requirements. Alaska has asked the courts to strike down illegal warrants for employees of large private companies, federal contractors, healthcare workers, and Head Start employees and volunteers.

Click here to see a copy of the lawsuit.

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