Gov. Greg Abbott Monday filed a petition in the U.S. Court of Appeals for the Fifth Circuit challenging the COVID-19 vaccine mandate imposed by the Occupational Safety and Health Administration.
In the petition, the Governor urges the court to vacate OSHA's unlawful mandate and confirm that his Executive Order GA-40 is not preempted.
"This Court should vacate OSHA's Mandate, which 'runs afoul of the statute from which it draws its power and likely, violates the constitutional structure that safeguards our collective liberty,'" reads the petition. "OSHA is trying to deliver on President Biden's empty threat that 'if these governors won't help us beat the pandemic, I'll use my power as President to get them out of the way.' Governor Abbott's Executive Order GA-40 need not yield to President Biden's unconstitutional power grab."