Biden’s EO likely preempts Texas governor’s order banning vaccine mandates

Federal contractors implementing strategies to comply with looming federal COVID-19 vaccination mandates are wrestling with new questions about whether states can implement restrictions to prevent them from complying with the federal obligations. The developments raise a fundamental question: Are state laws and requirements preempted or superseded by the federal contractor obligations? Generally, when federal procurement requirements directly conflict with state laws, the former preempt the latter.

Governor’s EO targets private employer vaccine mandates

On October 11, 2021, Texas Governor Greg Abbott issued an Executive Order (EO) banning all employers in the state from compelling anyone to get the shots if the individual “objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID.” The governor is expected to ask the state legislature (currently in special session) to enact an identical provision into law.

The Texas EO was effective immediately. It raises significant concerns for the federal contractor community because it provides bases on which an individual can refuse to be vaccinated that conflict with those under President Joe Biden’s EO 14042, which mandates the shots for federal contractor employees.

EO 14042 likely preempts state law