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Biden administration: Oklahoma cited wrong mandate in National Guard vaccine lawsuit

Stitt & Biden
Posted at 2:43 PM, Dec 23, 2021
and last updated 2021-12-23 18:49:14-05

TULSA, Okla. — The Biden administration responded to one of Oklahoma's vaccine mandate lawsuits on Wednesday, saying the lawsuit didn't cite the correct mandate.

In a federal court filing, the Biden administration said the lawsuit filed by Oklahoma Attorney General John O'Connor on Dec. 2 cites the mandate for federal employees, not the National Guard.

"As an initial matter, Plaintiffs fail to challenge the vaccine requirements that apply to the National Guard. OKANG members are subject to military vaccine requirements, issued under the President’s unambiguous authority to “prescribe regulations, and issue orders, necessary to organize, discipline, and govern the National Guard.” 32 U.S.C. § 110. But instead of challenging the military order issued pursuant to that authority, Plaintiffs challenge Executive Order 14043 (“EO 14043”), which applies to civilian federal employees."
Biden administration response to Oklahoma vaccine mandate lawsuit.

O'Connor and Gov. Kevin Stitt have maintained they won't force members of the Oklahoma National Guard to get the vaccine.

The Biden administration said Oklahoma's lawsuit over the National Guard mandate only applies to two people who are federally-employed technicians who are also members of the Guard.

Wednesday's filing goes on to argue against the merits of Oklahoma's lawsuit despite the incorrect citation to begin with.

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