Nebraska Gov. Pete Ricketts and Iowa Gov. Kim Reynolds have joined three other governors in asking the Department of Defense to withdraw its COVID-19 vaccine mandate for National Guard members who have not been called up for federal service.
The letter, addressed Tuesday to Defense Secretary Lloyd Austin III, asked Austin to withdraw the mandate for Guard soldiers and airmen in Title 32, or “state active duty†status.
At the direction of President Joe Biden, Austin ordered all service branches Aug. 24 to set deadlines for all service members to receive the COVID-19 vaccinations.
The deadlines have passed for active duty members of the Navy, Marine Corps, Air Force and Space Force, as well as Air National Guard and reserves. Wednesday is the deadline for active duty Army soldiers.
The active-duty branches have all achieved vaccination rates of 95% or higher, and only a small percentage have refused the vaccine.
Guard officials say 94% of Nebraska Air National Guard airmen have fully complied with the vaccination order (with 1% more having received the first of two doses). In the Iowa Air National Guard, 91% of airmen have complied.
In both states, all Air National Guard members who haven’t gotten the vaccine have requested exemptions on religious or medical grounds.
“We have not initiated any separation procedures at this time,†said Maj. Scott Ingalsbe, a Nebraska National Guard spokesman. “Every exemption request is given careful consideration, and no adverse action is taken for Guard members with pending exemption requests.â€
The compliance deadline for Army National Guard members is June 22, 2022. In Nebraska, 63% percent of Guard soldiers have reported compliance with the order. In Iowa, the figure is 80%.
Ingalsbe said 100% of Nebraska National Guard members currently deployed under federal orders — in locations that include Qatar, Djibouti, and the U.S.-Mexico border — are fully vaccinated.
In their letter, the governors citedÌýa 1990 Supreme Court case, Perpich v. Department of Defense, which states National Guard forces are under the command and control of their respective state’s governor unless they have been called to federal duty under Title 10 — such as for an overseas deployment, or for domestic assignments like the call-ups that followed the Jan. 6 attack on the U.S. Capitol.
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“We acknowledge your right to establish readiness standards for the National Guard for activation into a Title 10 (federal) status,†the governors wrote. “However, directives dictating whether training in a Title 32 status can occur, setting punishment requirements for refusing to be COVID-19 vaccinated, and requiring separation from each state National Guard if unvaccinated are beyond your constitutional and statutory authority.â€
The governors did not request exemptions for any of the other vaccinations required of U.S.-based service members. These include chickenpox, hepatitis A and B, measles-mumps-rubella, polio, tetanus-diphtheria and seasonal flu shots.
Though he has repeatedly encouraged Nebraskans to get the COVID-19 vaccine, Ricketts has adamantly opposed mandates, especially vaccine mandates imposed by the federal government. He has described various federal COVID-19 vaccine requirements as an "abuse of ... power," "draconian" and "illegal."
The joint letter toÌýAustinÌýwas less spirited than previous statements by some of its signees.
The other governors signing the letter were Mark Gordon of Wyoming, Mike Dunleavy of Alaska and Tate Reeves of Mississippi. All five of the signees are Republicans.Ìý
Last month, Austin refused aÌýrequest from Oklahoma Gov. Kevin Stitt to exempt members of his state’s National Guard from the vaccine requirement. Stitt said he would not enforce the vaccine mandate, and he fired a four-star commander of the Oklahoma National Guard who supported the mandate.
In a written response to Stitt, Austin asserted his authority over all military personnel, regardless of duty status, under Title 32 of the U.S. Code.
Austin said his decision on the vaccine mandate took into account “the thousands of hospitalizations and the hundreds of deaths, among service members, civilians and their families†due to COVID.
“COVID-19 takes our service members out of the fight, temporarily or permanently, and jeopardizes our ability to meet mission requirements,†Austin said in his letter. “To maintain a healthy and ready military force capable of protecting the American people, the immediate vaccination against COVID-19 is an essential military readiness requirement for all components and units of the military, including the Oklahoma National Guard.â€
In a separate memo, Austin also ordered that as of Dec. 6, no service membersÌý— including National Guard members under state commandÌý— would be paid with federal funds or receive credit for time missed because they haven’t received the shot. He also said they are risking their careers.
"As I've said before, vaccination of the force will save lives and is essential to our readiness," he wrote.