Biden Lacks Power to Punish Unvaccinated National Guard Members

The federal government can impose a vaccine requirement for the Texas National Guard, but the state alone has the power to punish non-federalized guard members who skip the Covid shot, the Fifth Circuit said Monday.

Texas Gov. Greg Abbott (R) sued after President Joe Biden (D) sought to punish guard members who chose not to get vaccinated as directed under a now-rescinded coronavirus pandemic requirement.

“The President can punish members of the Texas militia only after calling them into federal service,” the US Court of Appeals for the Fifth Circuit said.

The Biden administration argued that the vaccine mandate’s ...