Gov. Abbott files petition to challenge OSHA COVID-19 vaccine mandate

AUSTIN, Texas - Texas Gov. Greg Abbott has filed a petition challenging the COVID-19 vaccine mandate imposed by the Occupational Safety and Health Administration (OSHA).

The petition, filed in the U.S. Court of Appeals for the Fifth Circuit, urges the court to vacate the mandate and confirm Abbott's executive order GA-40 is not preempted, says the governor's office.

According to the petition, GA-40 says that "[n]o entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19."

11 states file suit against Biden's vaccine or test mandate for big companies

The lawsuit filed in the St. Louis-based 8th U.S. Circuit Court of Appeals argues that the authority to compel vaccinations rests with the states, not the federal government.

The OSHA requirement issued in early November applies to businesses with more than 100 employees. Under the mandate, workers for those businesses must be vaccinated against COVID-19 by Jan. 4 or face mask requirements and weekly tests.

The 5th Circuit Court of Appeals recently upheld a decision to temporarily block this mandate, according to a news release published by Utah’s attorney general.

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