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Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: Steve G.
Date: October 11, 2021 08:37PM
DIE TEXAS!

Abbott bans vaccine mandates from any 'entity in Texas'
[thehill.com]

Gov. Greg Abbott (R) signed an executive order on Monday that bans coronavirus vaccine mandates from being implemented by any “entity in Texas,” the latest move in the state’s crusade against the requirements amid the ongoing pandemic.

Abbott's order says that groups and businesses in Texas are not permitted to require proof of vaccination from individuals who object to the shots for “any reason of personal conscience.”

It comes in response to President Biden's mandate announced last month that all businesses with 100 or more employees require their workforces get vaccinated or regularly tested.

“No 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 executive order reads.

It further states that violators of the order should be subject to the maximum fine permitted under a section of the Texas Government Code.

Abbott also sent a message to the chief clerk of the state House and the secretary of the Senate to add the ban on vaccine mandates to the agenda of a third special legislative session.

He said the executive order will be revoked once a similar bill is passed.
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: RgrF
Date: October 11, 2021 08:46PM
So the man who doesn't approve of mandates, issues a mandate.
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: Sarcany
Date: October 11, 2021 09:13PM
[en.wikipedia.org]

In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law.

...According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:

Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". Maryland v. Louisiana, 451 U. S. 725, 746 (1981)


...Under the Supremacy Clause, any state law that conflicts with a federal law is preempted. Conflict arises when it is impossible to comply with both the state and federal regulations, or when the state law interposes [(to) put up (between)] an obstacle to the achievement of Congress's discernible objectives.




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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: RgrF
Date: October 11, 2021 09:19PM
Does a Presidential mandate fall under the Supremacy Clause?



Edited 1 time(s). Last edit at 10/11/2021 09:20PM by RgrF.
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: GGD
Date: October 11, 2021 09:36PM
$1000 fine.

[gov.texas.gov]

Quote

The maximum fine allowed under Section 418.173 of the Texas Government Code and the State’s emergency management plan shall apply to any “failure to comply with” this executive order.

Confinement in jail is not an available penalty for violating this executive order.

[statutes.capitol.texas.gov]

Quote

Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT PLAN. (a) A state, local, or interjurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense.

(b) The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: AllGold
Date: October 11, 2021 10:01PM
Quote
Sarcany
[en.wikipedia.org]

In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law.

...According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:

Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". Maryland v. Louisiana, 451 U. S. 725, 746 (1981)


...Under the Supremacy Clause, any state law that conflicts with a federal law is preempted. Conflict arises when it is impossible to comply with both the state and federal regulations, or when the state law interposes [(to) put up (between)] an obstacle to the achievement of Congress's discernible objectives.

thumbs up

Furthermore, I think all federal funding to the state of Texas should be immediately halted and remain halted until such time as recently enacted Texas executive orders and laws conflicting with federal executive orders and laws are rescinded.



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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: cbelt3
Date: October 11, 2021 10:21PM
Texas is anti woman and pro viruses.
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: steve...
Date: October 11, 2021 10:50PM
And pro guns & anti democracy. The Texas Taliban reference pretty well sums it up.




Northern California Coast
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: samintx
Date: October 12, 2021 07:42AM
smiley-laughing001
Quote
RgrF
So the man who doesn't approve of mandates, issues a mandate.

Is this man digging his own political grave ?
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: space-time
Date: October 12, 2021 07:53AM
too bad he is vaccinated. he had covid a few weeks ago, right?
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: rgG
Date: October 12, 2021 08:06AM
Quote
samintx
smiley-laughing001
Quote
RgrF
So the man who doesn't approve of mandates, issues a mandate.

Is this man digging his own political grave ?

We can only hope, but I doubt it. sad smiley





Roswell, GA (Atlanta suburb)
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: pdq
Date: October 12, 2021 08:26AM
Well, he believes in State’s rights - y’know, local control?

Well, except for any local or business mandates. Um, that mandate vaccines, specifically. Or, well, Covid vaccines, because health care organizations often mandate vaccines for their employees against other infectious diseases.

That kind of local control is unworkable (well, unless it’s for stuff like banning the teaching of certain subjects to schoolchildren). See, the higher level of the State…err, the governor, has to have legal primacy over local mandates, or otherwise people wouldn’t know which executive order to follow. Except that no one at the Federal level can tell the State what to do.

Maybe we’ll pass a law that lets people sue their neighbor for getting a vaccine, with a $10,000 reward (plus court costs!) if the can prove they did.

nuts smiley
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: pdq
Date: October 12, 2021 09:03AM
Totally unrelated wink smiley

Prompted by Abbott primary challenger, Texas agency removed webpage with suicide hotline, other resources for LGBTQ youth

(May need to use “reader view” workaround to get past paywall)

Quote

In late August, one of Gov. Greg Abbott’s primary challengers, Don Huffines, accused Texas’ child welfare agency of “promoting transgender sexual policies to Texas youth” under a section of its website titled “Gender Identity and Sexual Orientation.”

“These are not Texas values, these are not Republican Party values, but these are obviously Greg Abbott’s values,” Huffines said in a widely circulated video on Twitter.

RollingEyesSmiley5

Quote

Within hours, the webpage was gone.

So was the entire website for the Texas Youth Connection, a division of Family and Protective Services that steers young people to various resources, including education, housing and those on its LGBTQ page as they prepare for life after foster care.

Mustn’t have that.

Inside baseball of how such webpages are managed in Texas:

Quote

Thirteen minutes after Huffines’ video went up, media relations director Marissa Gonzales emailed a link to Crimmins, the agency’s communications director, under the subject line “Don Huffines video accusing Gov/DFPS of pushing liberal transgender agenda.”

“FYI. This is starting to blow up on Twitter,” Gonzales wrote.

Crimmins then queried Darrell Azar, DFPS’ web and creative services director, about who oversees the page. “Darrell — please note we may need to take that page down…

She was right, and so it was. The guiding principle in Texas state government these days seems to be: no one gets to the right of Guv Abbott.

They keep trying though:

Quote

In a statement, Huffines claimed credit for the Texas Youth Connection website’s removal.

“We aren’t surprised that state employees who are loyal to Greg Abbott had to scramble after we called their perverse actions out,” said Huffines

Yep. Those perverse links to suicide hotlines for foster-care youth have no place in Texas.
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: Steve G.
Date: October 12, 2021 12:04PM
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: Ted King
Date: October 12, 2021 06:18PM
[www.politico.com]

Quote

Southwest Airlines and American Airlines, both based in Texas, said Tuesday that they will continue plans to require employees to get vaccinated, despite an edict issued by Texas Gov. Greg Abbott that would ban vaccine mandates for private businesses in the state.

"Federal action supersedes any state mandate or law, and we would be expected to comply with the President's Order to remain compliant as a federal contractor," Southwest said in a statement to POLITICO, referencing the Biden administration's requirement that government contractors be vaccinated by Dec. 8.


"We will continue to follow all orders closely and keep our employees updated on any potential changes to existing policies," a spokesperson said, adding the airline is in the process of "reviewing all guidance issued on the vaccine."



e pluribus unum
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Re: Gravedigger Greg Abbott bans vaccine mandates from any 'entity in Texas'
Posted by: $tevie
Date: October 12, 2021 11:02PM
Performing for his base at the expense of actual human beings who could actually die. It's sickening and I wish Karma would hurry the @#$%& up.



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