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Preventing and Treating Communicable Conditions

State of Texas v. San Antonio Independent School District et al.

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Overview

State of Texas v. San Antonio Independent School District et al. (Texas 4th Court of Appeals, July 27, 2022): A Texas appellate court affirmed a decision not to block San Antonio Independent School District’s COVID-19 vaccine mandate, affirming that the policy is within the district’s authority. In August 2021, Texas Governor Greg Abbott issued an executive order prohibiting government vaccine mandates, including for Texas public schools. The San Antonio Independent School District, which had announced mandatory COVID-19 vaccinations for teachers and staff, challenged the order. Texas argued that the order preempted the school district’s internal vaccination policy under the Texas Disaster Act (TDA), which grants the governor overriding authority as the state’s “commander-in-chief.” The court held that TDA limits the governor’s authority to state agencies, boards, and commissions and does not grant the governor authority to prohibit school districts from implementing their own health policies. Read the full decision here.

View all cases in the Judicial Trends in Public Health – September 15, 2022.

View all cases under “Preventing and Treating Communicable Conditions.”