5th Circuit: Government Can’t Impose Vaccine On Non-Federalized Guardsmen

(June 26, 2023, 7:15 AM EDT) -- NEW ORLEANS — The U.S. Constitution provides that only states have the power to punish non-federalized members of the National Guard who fail to comply with readiness requirements such a COVID-19 vaccine mandate, a Fifth Circuit U.S. Court of Appeals panel ruled, vacating a trial court’s order denying a motion for preliminary injunction filed by the governor of Texas in a case challenging the federal government’s August 2021 mandate as applied to Texas Guardsmen....