AUSTIN (CBSDFW.COM) – Texas Governor Greg Abbott has sent a letter announcing that he will sue the federal government over what he calls its ‘unconstitutional’ vaccine mandate for the Texas National Guard.

In the letter, Abbott reminds everyone in his chain of command not to punish any member of the Guard for choosing not to receive a COVID-19 vaccine.

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The letter was sent after the Biden Administration tried to subject non-federalized guardsmen to a COVID-19 vaccine mandate from the U.S. Department of Defense.

In December 2021 Abbott sent a letter to U.S. Secretary of Defense reaffirming Texas would not impose the vaccine mandate on members of the state National Guard.

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“As the commander-in-chief of Texas’s militia, I have issued a straightforward order to every member of the Texas National Guard within my chain of command: Do not punish any guardsman for choosing not to receive a COVID-19 vaccine,” reads the letter. “Unless President Biden federalizes the Texas National Guard in accordance with Title 10 of the U.S. Code, he is not your commander-in-chief under our federal or state Constitutions.”

Abbott’s lawsuit is also days after Oklahoma Gov. Kevin Stitt lost a similar case to block the Pentagon’s vaccine mandate for National Guard members.

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On January 3 a federal judge in Fort Worth blocked the Department of Defense from punishing dozens of Navy sailors who refused to be vaccinated due to religious objections. Staff