This week, Republican Texas Gov. Greg Abbott issued an executive order banning public and private entities in the state from issuing vaccine mandates — but two Texas-based airlines are planning to defy that order by requiring their employees to get vaccinated against COVID-19.
Southwest Airlines and American Airlines, both of which are headquartered in Texas, issued statements on Tuesday saying they would not comply with Abbott’s ban. The companies cited an upcoming order by the Biden administration, which would require workers at businesses with 100 employees or more to be vaccinated or present weekly negative COVID tests. Both companies noted that laws established by the White House override state policies.
“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.
American Airlines said that airline officials believe “the federal vaccine mandate supersedes any conflicting state laws.”
Abbott’s executive order, issued earlier this week, bars any public or private sector entity from imposing rules that workers or customers be vaccinated. If a business defies this order, it could result in a $1,000 fine per violation, Abbott’s decree said.
But if companies plan to defy that order, they may have to litigate the issue in court until the Biden administration’s mandate is passed. At that point, the court would likely rule that the issue is a moot point, since the U.S. Constitution states that federal law, not state law, is the “supreme law of the land.”
President Joe Biden announced that the Labor Department would be rolling out the vaccination mandate for businesses in September, but the rule has not yet been formalized, as OSHA’s rulemaking process has delayed its implementation.
“If we can come together as a country and use those tools, if we raise our vaccination rate, protect ourselves and others with masking, expanded testing, and identify people who are infected, we can and we will turn the tide on COVID-19,” Biden said at the time.
The Biden administration’s mandate would likely increase the vaccination rate in the U.S. Currently, 65 percent of Americans have received at least one dose of a coronavirus vaccine. If Biden’s proposal is carried out, some believe that number could increase to 82 percent by the middle of next year.
Although the mandate would likely be challenged in courts, legal experts are largely in agreement that the rule from the White House would ultimately be upheld.
“I think it’s on pretty stable legal ground. The government’s in a strong position here,” said Lance Gable, a law professor at Wayne State University Law School in Detroit, Michigan, last month.
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $150,000 in one-time donations and to add 1,500 new monthly donors.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy