A federal judge on Monday denied a request by a Texas man to temporarily block a new vaccine from the National Institutes of Health.
The decision comes as lawmakers are debating a bill that would ban the use of the vaccine after a federal appeals court ruled earlier this month that it’s safe for the public to use the vaccine.
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The state attorney general, however, argued the lawsuit is premature, given the vaccine’s safety.
“This is a highly-contested issue, and we expect to be able to address it with the appropriate venue,” attorney John Garvey said in a statement.
The U.S. Supreme Court last year upheld a Texas law that blocked the use or sales of a Covid vaccine because it was not widely available, saying it is not medically safe.
That ruling has spurred states to push back against a federal ban, which would also have halted sales of the Covids vaccine, the first since the vaccine was approved in 2003.
The judge on Tuesday rejected Garvey’s argument that the court was being selective about which vaccines should be blocked.
Garvey also argued the bill could be struck down in court, saying Texas would not be able defend the state’s decision to ban the vaccine in court.