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Will the Texas Ban on COVID-19 Vaccine Mandates Hold Up in Court?

Texas Gov. Greg Abbott recently made headlines when he signed an executive order banning employers (and other entities) from enforcing COVID-19 vaccination mandates if employees object for a broader range of reasons than federal directives allow. The order will likely be challenged in court by the federal government and businesses that want to mandate vaccination. Here are some of the legal arguments employment law attorneys expect to see.

Federal Pre-Emption

Employment law attorneys expect the Texas order—and any other orders that conflict with federal rules—to be challenged in court. “It’s hard to see how the executive order holds up,” said Aaron Goldstein, an attorney with Dorsey & Whitney in Seattle.

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