Wallace then asked Paxton how he would justify an order from Texas Governor Greg Abbott banning vaccine and masking requirements in school districts when companies were given their own discretion to care for their employees. Paxton didn’t answer the question.
“The governor has the authority under state law to respond to these types of problems in the event of an emergency. And that’s exactly what he did, ”said Paxton. “Of course he is of the opinion that these mask requirements are unnecessary and that vaccination requirements are also unnecessary. So it is my job as a prosecutor to defend what he and the legislature did. ”
When pressed a second time, Paxton said his message in the clip was that Biden was not empowered to give such a mandate.
When Wallace asked the question a third time, he called the attitude “inconsistent”.
“Are you saying that there is a difference between a mandate to get a vaccine from the federal government, different in terms of ability to be self-sufficient, and a state mandate not to have vaccine mandates?” Wallace pressed.
“Your question is confusing,” Paxton replied before adding that the governor has these powers under state law.
Wallace then asked, “So can he tell private companies what to do? It’s fine and they can’t take care of it themselves.”
“I definitely agree that states have more authority in these areas than the federal government. The federal government has limited authority. And if Congress has not given OSHA that authority – and I would even doubt that Congress has authority. Yes, the states have a lot of authority over what goes on in their states. And I think that’s been clear since our country was founded, “Paxton said, ending the back and forth.
After the Occupational Safety and Health Agency announced its new workplace regulations for the mandate in early November, Paxton filed a petition for review with the 5th Court of Appeals challenging the validity of the government’s mandate. The attorneys general of Louisiana, Mississippi, South Carolina and Utah joined the petition. More than a dozen lawsuits have been filed in various appeals courts of corporations, religious organizations, and states on the grounds that the vaccine or test requirement is beyond OSHA’s authority.
The U.S. appeals court last week suspended Biden’s vaccine request for companies with 100 or more employees, and the court upheld its decision on Friday, declining a government challenge.