San Antonio Express-News (Sunday)
What you need know about vaccine mandates in Texas
Texas has been at odds with the federal government over COVID-19 vaccine mandates since President Joe Biden first rolled out requirements in the fall.
The Biden administration has made vaccine mandates a flagship pandemic response measure, requiring shots for health care workers, federal contractors and the majority of federal workers.
Meanwhile, Texas has been staunchly against mandates, with top Republican leaders arguing vaccine orders are government overreach. Gov. Greg Abbott issued an executive order in October banning any entity in the state from requiring the vaccine, and Texas Attorney General Ken Paxton has launched or joined a slew of lawsuits against federal vaccine orders.
The battle over vaccine mandates has now reached the U.S. Supreme Court, which on Thursday blocked a Biden administration rule ordering large businesses to require their employees to get vaccinated or get tested for COVID-19 regularly. However, in a separate ruling, the high court upheld another vaccine mandate targeted at health care workers in hospitals and nursing homes that receive federal funds.
The ongoing suits have left many Texas residents and employers unclear about who is required to get the vaccine.
As litigation stands, health
care workers and Texas Army National Guard members are currently required to follow through with federal vaccine mandates. A separate vaccine mandate from the Biden administration for federal contractors has been currently frozen due to challenges in a district court in Georgia.
Here is a breakdown of the lawsuits against the federal government’s vaccine mandates and who has to follow them in Texas.
Large businesses
A directive issued in November by the Department of Labor’s Occupational Safety and Health Administration required businesses with 100 or more employees to order their staff to either
get vaccinated against COVID-19 or get tested for the virus every week.
Paxton joined several other states in a lawsuit against the Biden administration over the vaccine-or-test policy. The 6th U.S. Circuit Court of Appeals ruled in November that the federal mandate could go into effect, reversing a decision from the U.S. Court of Appeals for the 5th Circuit.
The challenge ultimately made its way to the Supreme Court, which put an end to the mandate. The high court’s conservative majority said the Occupational Safety and Health Administration did not have the power to implement a vaccine requirement for large businesses.
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the court wrote.
Health care workers
The Centers for Medicare & Medicaid Services issued a vaccine mandate in November for health care workers at Medicareand Medicaid-certified facilities.
On Thursday, the Supreme Court said the federal mandate for health care workers could be enforced.
Previously, Judge Matthew J. Kacsmaryk in the Northern District of Texas granted a preliminary injunction and temporarily halted Biden’s vaccine mandate for health care workers.
Federal contractors
A September executive order from Biden required federal contractors and subcontractors to get vaccinated against COVID-19.
That vaccine mandate is currently not in effect. A federal judge in Georgia granted a nationwide injunction in December, prohibiting the federal government from enforcing the mandate. U.S. District Court Judge R. Stan Baker, appointed by President Donald Trump, wrote that Biden exceeded his authority and that the mandate imposed an “extreme economic burden” on contractors.
An appeals court in December declined a Justice Department request to reinstate the federal contractor mandate.
Several Texas-based employers, including Texas A&M University and the University of Texas at Austin, initially complied with the mandate for federal contractors and subcontractors but dropped it after it was blocked.
National Guard members
In the most recent fight over vaccine policies, Abbott sued the Biden administration last week for requiring Texas Army National Guard members to get the shot.
While guardsmen are still required under federal law to get the shot, Abbott is saying they won’t be punished if they do not follow the vaccine mandate.
“I have issued a straightforward order to every member of the Texas National Guard within my chain of command: Do not punish any guardsman for choosing not to receive a COVID-19 vaccine,” Abbott wrote in a letter to Maj. Gen. Tracy Norris, the Texas National Guard’s top military leader. “And as long as I am your commander-in-chief, I will not tolerate efforts to compel receipt of a COVID-19 vaccine.”
Disclosure: The University of Texas at Austin has been a financial supporter of the Texas Tribune. Financial supporters play no role in the Tribune’s journalism.