![]() The Pentagon has largely stayed quiet about the lawsuits it faces over the vaccine mandate for the National Guard and other military services. “So, the governors, cleverly, here trying to say, ‘Oh, we’re just going to waive the requirement for vaccines because we don’t believe that should be something that they should have abide by,'” he said. “Governors generally throughout the history of our country have had a lot of discretion who they allow in their ranks,” Timmons said, explaining the federal Army has been “complicit” in allowing governors to make exceptions to policies from the top. But under Title 10, the president can mobilize the guard, which places them under federal authority. “I don’t believe there has ever been this level of conflict between Guard units and the federal government in our history,” said Sean Timmons, a Houston-based lawyer at the firm Tully Rinckey PLLC.Īrguing on behalf of state authority, Stitt and Abbott maintain they control the guard when it operates under Title 32 of the U.S. As it plays out, Army guard members have until late June to comply with the mandate or face consequences. The dispute over the Pentagon’s mandate revolves around that question of authority over the National Guard, with courts now dragged into the middle of the fight. While governors typically call out the guard to help with emergencies and national disasters, the federal government can also activate it, though such circumstances are rare. States and the federal government have dual control over the National Guard. Greg Abbott (R) is waging his own legal battle over the mandate a week after Oklahoma’s loss. However, the state still has options, and Texas Gov. Kevin Stitt (R) to preliminarily block the mandate. Supreme Court made its landmark McGirt decision, ruling that a large portion of eastern Oklahoma, promised in treaties to the Muscogee (Creek) Nation, would remain a reservation.The Pentagon won its first battle over its vaccine mandate for the National Guard, but a broader fight over the mandate is raging as multiple states seek to exert their authority.Ī federal judge in late December rejected a bid from Oklahoma Gov. Indigenous nations have increasingly advocated for treaty rights, including hunting, fishing and education, in the courtroom, with some success. “If federal law enforcement is woefully weak, which it is on most reservations, it’s not carrying out its duty as the trustee, as the guardian of Indian nations,” he said. The federal government has a trust duty to Indigenous nations and has made promises to tribes under treaty agreements, which should be read liberally and in favor of Native American tribes, explained Robert Miller, law professor at Arizona State University and an enrolled citizen of the Eastern Shawnee Tribe in Oklahoma. “We believe now is the time to take that stand.” ![]() It’s all talk, talk, talk every year after year, and our people have suffered for decades,” Oglala Sioux Tribe President Frank Star Comes Out told The Associated Press. to provide the tribe with its “preferred level of staffing or funding for law enforcement.” After two days of court proceedings this week, a judge said he would take the case under advisement. ![]() The federal government countered in court documents that the tribe can’t prove treaties force the U.S. is not complying with its treaty obligations nor its trust responsibility by failing to provide adequate law enforcement to address the “public safety crisis” on the reservation. ![]() The tribe sued the Bureau of Indian Affairs and some high-level officials in July, alleging the U.S. The officers and investigators are all federally funded - and the tribe says it’s just not enough. Only 33 officers and eight criminal investigators are responsible for over 100,000 emergency calls each year across the reservation, which is about the size of the state of Connecticut, tribal officials said. These types of crimes have become increasingly common on the 5,400-square-mile (14,000-square-kilometer) reservation. Just a few nights ago, Wilson’s oldest son was held at gunpoint in his home. Months later, a father and son who live near Wilson on the Pine Ridge Indian Reservation, home to the Oglala Sioux Tribe, were shot and killed by an intruder, and their bodies weren’t found for six days, she said. “He was the sweetest little boy,” said Wilson, 62. It took at least 15 minutes for a single tribal law enforcement officer to arrive, but by then, the drive-by shooters were gone, and Logan - a “kind and gentle” boy who loved Xbox and his Siamese cat, Simon - was dead. Her 6-year-old grandson, Logan Warrior Goings, jumped from the family’s loveseat and raced across the room to his grandfather - and was shot in the head. Holly Wilson had just left to pick up soda for a steak dinner for her nine grandchildren last May, when a barrage of bullets was fired into her home on the largest Native American reservation in South Dakota.
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