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Oklahoma sues Biden administration over Pentagon vaccine mandate

The state of Oklahoma filed a lawsuit against the Biden administration on Thursday in an attempt to block the enforcement of its vaccine mandate for federal employees.

Why it matters: The move comes one day after Defense Secretary Lloyd Austin denied Oklahoma Gov. Kevin Stitt's (R) request to exempt the state's National Guard from the mandate.


  • It's the latest escalation in Stitt's scuffle with the Pentagon over the mandate, which requires the Air National Guard and Army National Guard to get vaccinated by Thursday and June 30, respectively.
  • Those who fail to comply will be barred from drills and other duties, and won't be paid even when they're under state control.

What they're saying: The complaint argues that the mandate is unconstitutional and "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."

  • Stitt claims that under Title 32 of the U.S. Code, he holds authority over the state's Guard members unless they are mobilized by the president.
  • "It is unconscionable that President Biden and his administration are choosing to play politics with military paychecks," he said in a statement.

Worth noting: The suit is asking the court to block the mandate for all federal employees, not just the National Guard.

  • The Biden administration did not immediately respond to Axios' request for comment.
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