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."
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.
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