OKLAHOMA CITY — Oklahoma Attorney General John O’Connor on Thursday filed a federal lawsuit against the Biden administration seeking to halt the mandatory COVID-19 vaccination requirement for federal employees and the Oklahoma National Guard.
The suit was filed in the Western District in Oklahoma City. The state, Gov. Kevin Stitt, O’Connor and 16 members of the Oklahoma Air National Guard are named as plaintiffs.
Last session, the state Legislature gave O’Connor’s office $10 million to fight what they claim is federal overreach and authorized the ability to review executive orders.
O’Connor asked the court to for a temporary restraining order or preliminary injunction followed by a permanent injunction, preventing the enforcement of the vaccine mandate.
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Additionally, the lawsuit seeks to block the Biden administration from withholding federal funding from the Oklahoma National Guard or its members.
O’Connor’s office also requests the court declare the mandate unconstitutional on multiple grounds.
The legal challenge contends that since Congress has not enacted a law requiring vaccinations, allowing Biden to do so on his own would be unconstitutional.
The lawsuit also alleges that the mandate violates the due process right to bodily integrity and the Fourth Amendment right against unconstitutional searches and seizures.
“Biden’s COVID-19 vaccine mandate ensures that many Oklahoma National Guard members will simply quit instead of getting a vaccine, a situation that will irreparably harm Oklahomans’ safety and security,” O’Connor said. “These patriots, along with many federal employees, who serve their country and their state are now at risk of being terminated because they do not wish to take the vaccine.”
The action comes after Secretary of Defense Lloyd Austin turned down Stitt’s request to exempt the Oklahoma National Guard from the mandate.
Austin said all members of the Oklahoma Army and Air National Guard, regardless of duty status, must follow the federal requirements for COVID-19 vaccinations.
“Failure to do so may lead to a prohibition on the member’s participation in drills and training conducted under Title 32 and jeopardize the member’s status in the National Guard,” Austin wrote in a Monday letter to Stitt.
Stitt said that as governor, he is the commander in chief of the guard.
Unless the guard is mobilized by the president, Stitt said he retains authority over all training and governance of the Oklahoma National Guard, including determining if and how training guidelines issued by the president will be implemented.
“I will continue fighting to protect Oklahoma against this alarming pattern of unconstitutional federal overreach coming from the Biden administration,” Stitt said.
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Oct. 14, 2021 video. Oklahoma Gov. Kevin Stitt says he does not support requiring the COVID-19 vaccine.
