Texas Governor Defies Biden Order On Vaccinations With New Ban, Sets Up Legal Battle

Texas Gov. Greg Abbott issued a new executive order Tuesday that forbids employers, including private companies, from requiring vaccinations of employees. Abbott’s order places Texas in direct conflict with President Joe Biden’s administration, which has required large employers to vaccinate their workforces to combat COVID-19.

In the executive order, Abbott directly challenged Biden by accusing the White House of "bullying many private entities into imposing COVID-19 vaccine mandates," resulting in what he said were "workforce disruptions" that threaten Texas' own recovery from the pandemic.

Abbott also banned businesses from requiring proof of vaccination and instituted an unspecified fine for those found to be in violation. He also added that he would submit a request to the Republican-led state legislature to codify his executive order into law.

In the text of the order, Abbott made clear that the COVID-19 vaccine was “safe, effective and our best defense against the virus,” but maintained receiving a vaccination was a matter of personal choice. This echoes the arguments of other Republican politicians, who do not dispute the safety of the vaccines, but reject mandates as infringements on personal freedom.

Texas has seen its COVID-19 cases drop in recent days, according to the Centers for Disease Control and Prevention's (CDC) data tracker. The state's COVID-19 data tracker shows 180,591 cases are estimated to be active as of Oct. 11. There have been 66,467 COVID-related deaths in Texas.

Abbott, who tested positive for COVID-19 in August, previously forbade state and local government entities from requiring proof of vaccination while generally leaving private firms to set their own rules on vaccinations. The order, as well as a separate one banning mask mandates, has drawn fire from critics, who say Abbott is endangering public health through his decisions.

On Sept. 9, President Biden announced a sweeping executive order that would require employers with 100 or more employees to require either full vaccination of their workers or require regular testing for those who choose to remain unvaccinated. Several large companies have embraced the mandate and announced deadlines for their workforce to get vaccinated or face either suspension or termination of their employment.

Republican governors resoundingly rejected Biden’s order as federal overreach and announced plans to sue. Texas Attorney General Ken Paxton was among those who joined 23 other states in announcing a threat to sue the administration over the order.

Biden waved off their opposition, taunting them to “have at it” with their legal challenges.

It is unclear if the Biden administration plans to sue Texas for Abbott’s executive order if it does become an impediment to its vaccination agenda. Federal employees and contractors based in Texas would not likely be covered by it, but private firms that choose to comply are stuck in a sticky legal situation.

The Biden administration is also locked in a lawsuit with Texas over the state's controversial abortion law. There is also another suit from Arizona, the only state among the 24 that threatened their own legal action over the vaccine mandate.