Vaccine Mandate in Texas Could Be Overturned by Federal Law

Employers understand that they must abide by one or the other, but not both and that the Texas vaccine mandate is more likely to be overturned than the government mandate, according to Steve Cave, a government contracts attorney at King & Spalding.
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Texas Governor Greg Abbott’s restriction on coronavirus vaccination regulations will almost certainly be replaced by the Biden administration’s proposal to demand injections for workers, but the competing laws might take months to resolve in court, raising concern among companies doing business in the state, Reuters reports.

On Monday, the Republican governor issued an executive order prohibiting private companies and other organizations from implementing COVID-19 vaccination obligations, which he claimed harmed economic recovery by disturbing the workforce. Some major businesses believe that federal law and President Joe Biden’s vaccination obligations will prevail against Abbott’s executive order.

Southwest Airlines and American Airlines, both located in Texas, said on Tuesday that they will proceed with preparations to fulfill a Dec. 8 deadline for government contractors to have their personnel inoculated.

Employers understand that they must abide by one or the other, but not both and that the Texas vaccine mandate is more likely to be overturned than the government mandate, according to Steve Cave, a government contracts attorney at King & Spalding.

States are prohibited from meddling with legitimate federal laws under the supremacy clause of the United States Constitution.

According to Abbott’s directive, “no organization in Texas” has the authority to require evidence of vaccination from any individual, such as workers and consumers. Abbott did not specify how the mandate would be implemented, although non-compliance may result in a $1,000 punishment.

Vaccine mandate opponents argue that they are unconstitutional and dictatorial, while supporters argue that they are required to bring the country out of the almost two-year epidemic and back to normalcy.

Businesses may put Abbott’s rule to the test by imposing requirements and then fighting fines in court if they are punished.

Businesses would almost certainly argue that they were following Biden’s directive, and legal precedents endorse federal law above state law when they clash, according to experts.

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