{"id":143963,"date":"2023-07-07T09:15:33","date_gmt":"2023-07-07T13:15:33","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=143963"},"modified":"2023-07-06T14:58:16","modified_gmt":"2023-07-06T18:58:16","slug":"federal-control-of-the-national-guard-faces-overturning-by-a-court-ruling","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=143963","title":{"rendered":"Federal control of the National Guard faces overturning by a court ruling"},"content":{"rendered":"

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One of the arguments being made against federal control of the National Guard is that the states complying with federal guidelines are doing so voluntarily. However, not complying with federal requirements could result in the federal government’s withdrawing federal funding for a state’s National Guard. One of the spinoffs of this argument involves state governors being able to protect non-federalized National Guard members from unusual federal requirements.<\/p>\n

From the Military Times:<\/span><\/strong><\/p>\n

“What the ruling essentially says is that state compliance with federal guidelines is completely voluntary,” said Jeff Jacobs, a retired Army Reserve two-star general, attorney and author of a 1994 book analyzing the Guard’s dual control structure. “And the only recourse the federal government has — because Texas did not dispute this — is to withdraw funding for [the state’s] National Guard.”<\/p>\n

Jacobs warned this decision at its “logical conclusion” allows governors to block military personnel requirements, offering free rein to protect non-federalized Guard members from military punishments for everything from marijuana use to fitness tests. But even under the ruling, troops must meet all federal requirements to join.<\/p>\n

“It gives the governor[s] a veto to play politics with every single thing that the Secretary of Defense or the Secretary of the Army or Air Force do,” the retired general warned.<\/p>\n

Both the DoD and the National Guard Bureau declined to comment, citing ongoing litigation. In an emailed statement, Abbott spokesperson Andrew Mahaleris said the governor “appreciate[s] the Fifth Circuit’s adherence to the rule of law, and Texas will not stop fighting until the brave men and women of our military receive the full benefits they have more than earned.”<\/p>\n

The Abbott administration, later joined by Alaska’s governor, asked a federal judge in Tyler, Texas, to block the DoD’s vaccine mandate in January 2022.<\/p>\n

In court filings, the governors claimed that “only the state, through its governor, possesses legal authority to govern state National Guard personnel” when not mobilized under federal control, regardless of who is cutting the drill checks.<\/p>\n

Responding to the governors, the federal government contended it has the authority to set readiness requirements and enforce them. They contended that in order to receive federal pay and federal benefits — even when in a state-controlled, federally-funded Title 32 status — members of the Guard needed to comply with federal readiness requirements.<\/p><\/blockquote>\n

The Military Times has additional information<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

One of the arguments being made against federal control of the National Guard is that the … Federal control of the National Guard faces overturning by a court ruling<\/span>Read more<\/a><\/p>\n","protected":false},"author":661,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[208],"tags":[],"class_list":["post-143963","post","type-post","status-publish","format-standard","hentry","category-national-guard"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/143963","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/661"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=143963"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/143963\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=143963"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=143963"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=143963"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}