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Texas vaccine mandate ban likely to be trumped by federal law but could cause uncertainty
Reuters ^ | Oct 13, 2021 | Tom Hals

Posted on 10/13/2021 5:35:04 AM PDT by where's_the_Outrage?

(Reuters) - Texas Governor Greg Abbott's ban on COVID-19 vaccine mandates will likely be superseded by the Biden administration plan to require shots for workers, but the dueling rules could take months to sort out in court, creating uncertainty for employers with business in the state.

The Republican governor signed an executive order on Monday banning private employers and other entities from imposing COVID-19 vaccine mandates, which he said threatened an economic recovery by disrupting the workforce.Some large employers are betting that federal law and President Joe Biden's vaccine mandates will trump Abbott's executive order.

"Companies recognize they have to comply with one or the other but not both, and the Texas order is more likely to be struck down than the federal order," said Steve Cave, a King & Spalding attorney who specializes in government contracts.

The supremacy clause of the U.S. Constitution prohibits states from interfering with valid federal laws.

(Excerpt) Read more at msn.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: Texas
KEYWORDS: covid; mandate; osha; vax
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"Biden's administration announced on Sept. 9 a plan that will require about 100 million American workers to get vaccinated or submit to weekly testing. Many of the plans have yet to be detailed and do not yet have the force of law."

Buried in the article is that companies are currently responding to a press release from a month ago rather than any formal mandate.

1 posted on 10/13/2021 5:35:04 AM PDT by where's_the_Outrage?
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To: where's_the_Outrage?

I wish that they would cite the bill number, executive order number etc.

Oh, that’s right!! It is a “suggestion”


2 posted on 10/13/2021 5:39:49 AM PDT by uranium penguin
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To: All

What federal law ?


3 posted on 10/13/2021 5:40:09 AM PDT by escapefromboston (Free Chauvin)
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To: where's_the_Outrage?

Um, there is no federal law. Such a federal law would have to be, you know, passed by Congress. Executive orders are just that, an order for the executive administration and nothing more. EOs do not have reach beyond the executive branch of the federal government. And this is why we have the 10th Amendment of the Constitution.


4 posted on 10/13/2021 5:40:38 AM PDT by Obadiah (Truth is treason in an empire of lies.)
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To: Obadiah
The supremacy clause of the U.S. Constitution prohibits states from interfering with valid federal laws.

"Um, there is no federal law."

Correct. The author is a dunce.

5 posted on 10/13/2021 5:43:00 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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To: escapefromboston

There is no “federal law.” Just some pudding brain edict coming from an imbecile wanna be dictator.

NOW ENFORCE IT!

FJB!


6 posted on 10/13/2021 5:43:12 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: where's_the_Outrage?

Abrogation of federal law is the rule now

Federal law can just be ignored by the states at will

An illegal fleeing to Texas is just stupid when he could flee to the federal lawless sanctuary of California


7 posted on 10/13/2021 5:43:20 AM PDT by bert ( (KE. NP. N.C. +12) Like BLM, Joe Biden is a Domestic Enemy )
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To: where's_the_Outrage?

Where is the ‘valid federal law?’


8 posted on 10/13/2021 5:45:10 AM PDT by Jim Robinson (Resistance to tyranny is obedience to God.)
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To: where's_the_Outrage?
Yep, falling down for a "press release."

Bring back Clara Peller from the old Wendy's advertisement.


9 posted on 10/13/2021 5:46:15 AM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: ptsal; bitt

Head’s up for the “press release” that took down the economy


10 posted on 10/13/2021 5:47:20 AM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: where's_the_Outrage?

That’s the case if it’s actually a LAW.

But a decree is not a law.


11 posted on 10/13/2021 5:47:36 AM PDT by cotton1706
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To: where's_the_Outrage?

It would be interesting to see a SCOTUS ruling on whether an Executive Edict trumps State Edicts. Neither one has legislative backing.

Of course hoping the chickensh#t SCOTUS would actually rule on this is like hoping you win the lottery.


12 posted on 10/13/2021 5:49:02 AM PDT by MattMusson (Sometimes the wind blows too much)
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To: where's_the_Outrage?

Certainly a good test of the 10th Amendment.

There is no federal law.
There is nothing in the Constitution about health care.
There is nothing in the Constitution about federal control of employment practices.

Texas got there first, wrote a law, and reserved power to the state not delegated to the federal government.

If the 10th means anything at all, I would think TX would win.


13 posted on 10/13/2021 5:49:11 AM PDT by ClearCase_guy (China is like the Third Reich. We are Mussolini's Italy. A weaker, Jr partner, good at losing wars.)
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To: where's_the_Outrage?

Hey Hals, no going to happen.

Show me the law that states that Biteme has that authority.

5.56mm


14 posted on 10/13/2021 5:50:25 AM PDT by M Kehoe (Quid Pro Joe and the Ho need to go.)
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To: where's_the_Outrage?

Lets go Brandon !


15 posted on 10/13/2021 5:56:42 AM PDT by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING !!!)
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To: where's_the_Outrage?

Oh... now we’re invoking the supremacy law?

I think it’s time for sanctuary states against vaxx mandates.


16 posted on 10/13/2021 5:56:58 AM PDT by Skywise
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To: where's_the_Outrage?

Its not federal law, thats an excuse, even though it does not exist. Its federal contracts. Biden basically telling the airline industry that their gravy train is going to dry up if they dont comply. Too bad the pilots and air traffic controllers will be the true deciding factor.


17 posted on 10/13/2021 5:57:53 AM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less!)
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To: where's_the_Outrage?

Most Fortune 100 companies operating in Texas have already stated, based on their legal counsel, that they will ignore the Governor’s order.


18 posted on 10/13/2021 6:04:06 AM PDT by TexasGunLover
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To: where's_the_Outrage?
Texas vaccine mandate ban likely to be trumped by federal law but could cause uncertainty

What federal law? There is no federal law. There isn't even a rulemaking out of OSHA yet.

Go Pound Sand, Brandon.

19 posted on 10/13/2021 6:04:30 AM PDT by Yo-Yo (is the /sarc tag really necessary?)
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To: where's_the_Outrage?

Reuters. There is no federal “law” .


20 posted on 10/13/2021 6:07:01 AM PDT by Chauncey Gardiner
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