Plague Vaccine Military - Defense Secretary Lloyd Austin issued a memo on August 24, ordering the secretaries of the military departments to immediately begin full vaccination of all members of the armed forces. The memorandum assigned them responsibility for implementing the policy for their branches of service. The Secretary of the Army later issued a policy memorandum requiring Army National Guard units to be fully vaccinated by June 30, 2022.
Vaccination requirements, even unusual vaccination requirements, have a long history in the military. Less than a year after the American Revolution, George Washington ordered his troops vaccinated against smallpox. At the start of World War II, a massive federal push led to the development of new vaccines for more than a third of vaccine-preventable diseases, including the first influenza vaccine, along with the smallpox vaccine, which was routinely given throughout the war. . Yellow fever, scarlet fever, diphtheria, plague and typhus. In the 1990s, the Clinton administration mandated vaccination against anthrax to ensure military preparedness in the event of a biological attack previously thought to be highly likely. After the September 11 attacks, President George W. Bush mandated smallpox vaccination for similar reasons.
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There is also a long history of vaccine hesitancy in the ranks, so the expressed pushback to the coronavirus vaccine by some service members is neither surprising nor unusual. Service members have attempted to refuse vaccination on religious grounds. In the late 1990s, large numbers of service members refused the anthrax vaccine because conspiracy theories circulating in the protean days of the Internet suggested that the anthrax vaccine was actually not approved by the FDA, was adulterated with squalene, and was responsible for autoimmunity. . Diseases associated with Gulf War Syndrome. What is unusual now is that apparently responsible political leaders have encouraged service members to disobey vaccination requirements.
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Recently, Oklahoma's governor declared his right to exempt the state's National Guard from receiving the coronavirus vaccine entirely. Gov. Kevin Stitt has given a partisan reason to oppose the Biden administration's anti-coronavirus efforts, including banning masks in the state. In September, Stitt said on Twitter: "No vaccine mandate in Oklahoma as long as I'm governor." On Nov. 1, he tried to make good on that promise, when he sent a letter to Secretary Austin asking the Department of Defense to suspend the coronavirus vaccination requirement for the Oklahoma National Guard, saying the mandate "infringes on the personal liberties of many people. Oklahomans." Stitt claimed that "10% of Oklahoma's entire military" has not and is not scheduled to receive the coronavirus vaccine, arguing that "[t]he federal government is irresponsible to place mandatory vaccination obligations on the Oklahoma National Guard and may limit it. The number of people [he ] can call to assist the state in an emergency.
On 10 November, Stitt abruptly relieved the state's adjutant general (supreme commander of the state's national guard) and replaced him with Brig. General Thomas Mancino. The reason for the sudden replacement was not made public, but it appears to be related to Stitt's decision to give the Defense Department opposition to the coronavirus vaccine, when Brig. General Mancino issued a memo to exempt members of the Oklahoma National Guard from the department's coronavirus vaccine mandate.
When active-duty members have refused vaccination requirements in the past, they have routinely been court-martialed, removed from the roll, or sanctioned by the chain of command for disobeying lawful orders. The law of military obedience is – outside the context of strictly illegal orders such as committing war crimes – harsh and unforgiving.
But given the unique federalism issues governing the National Guard, the current settlement with Oklahoma raises two unique legal questions. First, does Governor Stitt have the legal authority to exempt the Oklahoma National Guard from Department of Defense vaccination mandates? Second, when push comes to shove, is there anything the Department of Defense can do to enforce the mandate in the face of government indifference?
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The answer to the first question is no; It's not even a close call. The National Guard is the modern umbrella term for the military unit known as the "militia" at the nation's founding. According to their origins in pre-Revolutionary England, militias consisted of citizen soldiers, often required by law to keep their weapons in their homes, belonging to a local group more akin to a roving community than an army and ready to be called out. Take up arms in times of public distress. This distinguished militia members from full-time military professionals in the regular army. And they both operated and were understood to operate under local rules dictated by local interests to which local politicians were accountable.
In two of the most controversial and hotly debated provisions at the time of ratification, the statute qualified this traditional breadth of local control, collectively known as the Militia Clauses. The Militia Clauses give Congress the power both to "provide for the calling out" of the militia (i.e., order the militia to serve under the command of the federal government) and to "provide for the organization, arming, and disciplining of the militia." “The only powers the states retain over the militia, which are constitutionally protected from congressional interference, are the power to appoint militia officers and conduct training in accordance with congressional rules.
In the early years of the Republic, Congress used its powers under the Militia Clauses sparingly. With the Militia Act of 1792, Congress gave the president the power to call out the militia, in what was a precursor to the modern Rebellion Acts, and laid out very general standards for which states should maintain their militias, including a mandate. All men between 18 and 45 were required to join a local militia and carry standardized weapons.
Largely, loose congressional regulation led to their state of readiness across the states until the Militia Act of 1903 conditioned federal funding on their organization of several militias and states' agreement to standardize their national guard units. This began a period of increasing federal regulation, culminating in the so-called National Guard Act of 1933, which, as the Supreme Court described it, required members of the National Guard to "keep three hats in their wardrobe—a civilian hat, a state militia hat, and a military hat. ." Congress served in the state's National Guard by including that service member in a new reserve component of the national army, known as the United States Army National Guard (in the late 1940s, when the Air Force separated from the Army as an independent service branch, Congress created a parallel Air National Guard system created).
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Therefore, federal guidelines since 1933 have governed the "Organization, Financing, and Operations of the National Guard." Even when not federalized, members of the National Guard are part of a perpetual federal mission to "maintain well-trained, well-armed units for rapid mobilization during war and to provide assistance in national emergencies." Title 32, which regulates the National Guard, states that members of the National Guard must meet the same training and readiness requirements as the military. A series of National Security Regulations (NSRs) issued by the Department of Defense's National Security Agency govern the organization, standards, and overall operations of the National Guard.
Regarding vaccines, the regulation establishing the Army National Defense Preventive Medicine Program requires the National Guard to "[a]bly obey federal, state, and host nation laws, regulations, and directives during peacetime nondeployed situations and during training exercises" all [To improve and maintain optimal levels of health and fitness of [national defense] personnel." The Secretary mandated the coronavirus vaccine in accordance with Department of Defense regulations governing vaccine requirements that were updated and reissued by the Trump administration in 2019. Also authorized under regulations promulgated by the Secretary of the Army to the nation's national defense units requiring vaccination. Authorizes the Secretary of Defense, the Secretaries of the Army, and the Air Force to monitor and regulate their respective members of the National Guard. The mandate's legitimacy would therefore be apparent to all members of the National Guard, including Oklahoma.
Against all this, Oklahoma has taken a new legal position. In his November 11 memo, Mancino instructed members of the Oklahoma National Guard:
Unless you are mobilized on Title 10 orders, the only entity that can give you a "lawful" order—that is, an order backed by the authority of law—is the governor and his designated state chain of command. This "law" is Title 32 United States Code. This makes it easy to see that the UCMJ does not apply to you in a Title 32 situation. Instead, you are governed by the Oklahoma Code of Military Justice.
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We reached out to the Oklahoma National Guard and were referred to Governor Stitt's Chief of Communications, Charlie Hannema, for any clarification notes supporting this claim. Hannah didn't
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