Standoff over vaccines between Okla. governor, Pentagon intensifies

WASHINGTON — A standoff between the governor of Oklahoma and the Pentagon over a coronavirus vaccine mandate for troops has turned into a stormy test of federal power.

Oklahoma’s newly appointed adjutant general for the National Guard, Brig. Gen. Thomas H. Mancino, announced last week on behalf of Gov. Kevin Stitt that guardsmen in the state would not be required to get a COVID-19 vaccine. The policy defies a Pentagon directive issued in August that makes vaccination mandatory for all troops, including the National Guard, by deadlines set by each service branch.

“The order I issued came directly from the governor. That is the lawful order to the men and women of the Oklahoma National Guard,” Mancino said.

Pentagon officials responded that failure to follow “valid medical readiness requirements” could “jeopardize” the status of service members, who could face dismissal or other punishment.

The officials insist that Stitt has no legal standing, although experts on the obscure laws governing the National Guard disagree. They note that unless National Guard members are federally deployed, they are under the jurisdiction of the governor of their state and therefore not subject to federal mandates. “Guard members can only serve one boss at a time,” said John Goheen, a spokesperson for the National Guard Association of the United States.

The Pentagon is not without redress. It could deny funding to state units or impede promotions of Guard members who refuse to be vaccinated. Officials said Guard members who refused vaccination also could face dismissal, as with active duty troops.

“Oklahoma may be able to take this step as a legal matter, but there are definitely things the federal government can do in response that might make it a painful Pyrrhic victory,” said Eugene Fidell, who teaches at the New York University School of Law. “The governor and state adjutant general thus might find themselves commanding some very unhappy personnel.”

The Pentagon is bracing for other states to follow Oklahoma’s lead. None have so far, but many are believed to be closely watching the situation, which could become the subject of lawsuits. “This could be contagious,” Fidell said.