Quartz  |  October 12, 2021

The US has a long history of mandating vaccines, and legal precedent supports such requirements. Lawrence Gostin, a professor who specializes in public health law at Georgetown Law, says he believes Abbott’s order is “entirely without” legal, public health, or ethical justification, and he expects it to be challenged and struck down.

“Even if the Texas ban were upheld, it would still be pre-empted by the OSHA rule,” Gostin said, referring to the forthcoming vaccine regulation targeting private employers. The US Constitution’s supremacy clause states that the federal government’s actions supersede state law, Gostin adds: “In this case you have a direct conflict, and it’s very clear to me that the courts would not allow a state ban to interfere with a federal law and policy.”

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