Biden Administration Sued over Mask and Vaccine Requirements for Head Start Programs

Bernard Nash
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  • A group of 23 Republican AGs, led by Louisiana AG Jeff Landry, and one Democratic AG, Iowa AG Tom Miller, sued the Biden administration over its mask requirements for toddlers aged 2 and up and mandatory COVID-19 vaccination requirements for staff and volunteers in Head Start program for allegedly violating the Constitution, the Administrative Procedures Act, the Congressional Review Act, and the Treasury and General Government Appropriations Act. The federal Head Start program provide early childhood education and resources to underserved children and families.
  • The complaint alleges that the Head Start Mandate harms underserved children and families and will lead to thousands of teachers, contractors, and volunteers being removed from their positions if they refuse to be fully vaccinated. The complaint further alleges that the mandate exceeds the executive branch’s authority, is arbitrary and capricious in, among other things, failing to take into account the impact it will produce on rural areas and on those of limited means and minorities, and in failing to consider alternatives to masks and vaccines.
  • The complaint also alleges that the mandate violates the Tenth Amendment and the Spending Clause, and that it unlawfully bypasses the APA’s notice and comment requirement.
  • The complaint seeks declaratory and injunctive relief, and tolling the Head Start Mandate’s compliance deadlines pending judicial review.
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