Court of Appeals rules that Trump’s national policy requiring flu shots may be unconstitutional

At issue are the president’s orders to set up a National Guard headquarters that will house more soldiers and honor troops on active duty serving in Iraq and Afghanistan.

The Oklahoma Court of Appeal on Wednesday threw out a lawsuit challenging a Trump administration policy requiring anyone who wanted to join the armed forces to get a flu vaccine, calling it unconstitutional.

If the ban survives, the ban would be the first part of the Trump administration’s national policy to bar people from joining the armed forces because of a refusal to get a flu shot.

Oklahoma Attorney General Mike Hunter argued before the U.S. Supreme Court in June that the Trump administration’s policy was unconstitutional because it interferes with the states’ role in deciding whether people can join the military.

Mr. Hunter argued that requiring the vaccinations harmed those who couldn’t get the shot, including “young children and people with immune systems compromised by various medical conditions.”

But Karen Hinton, the solicitor general for the Department of Justice, argued that the federal court didn’t have jurisdiction over the issue, because it rested on the question of whether people could opt to get a vaccine rather than the question of whether the defense secretary had the authority to change a federal policy.

The justices sided with the Defense Department.

The ban has been challenged in Arkansas, Kansas, Nebraska, Nevada, Oregon, South Carolina, Texas and Washington.

The case is in review at the U.S. Court of Appeals for the Fifth Circuit in New Orleans.

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