Attorneys normal (AG) from 24 states have filed a lawsuit in opposition to the Biden administration difficult COVID-19 vaccine mandates for early training employees and masks mandates for younger youngsters.
Led by Louisiana AG Jeff Landry, the lawsuit (pdf) argues that the mandates involving Head Start, the nation’s largest early training program, are illegal and exceed President Joe Biden’s statutory authority.
Biden’s mandate, issued final month, applies to all preschool packages funded by the federal Head Start program and impacts tons of of 1000’s of employees, volunteers, and preschool college students throughout the nation. It mandates vaccinations for employees, volunteers, and others in contact with college students by the tip of January and requires masks for all adults and kids aged two and above.
The mandate provides no different to vaccinations, and for these granted exemptions, funds usually are not supplied for common testing. It applies to employees no matter whether or not they work in individual or remotely.
The Department of Health and Human Services gives funding to low-income households of preschool-age youngsters below the federal Head Start program.
The lawsuit argues that the president’s mandate is projected to result in tens of 1000’s of Head Start company employees dropping their jobs and can trigger packages to shut or cut back capability.
“Like all of his other unlawful attempts to impose medical decisions on Americans, Biden’s overreaching orders to mask two-year-olds and force vaccinate teachers in our underserved communities will cost jobs and impede child development,” Louisiana Attorney General Jeff Landry mentioned in a press release on Tuesday. “If enacted, Biden’s authoritarianism will cut funding, programs, and childcare that working families, single mothers, and elderly raising grandchildren rely on desperately.”
The 24 states are searching for to dam the Biden administration’s mandate, arguing that it’s “arbitrary and capricious” and violates the Congressional Review Act and the Tenth Amendment.
The necessities additionally violate the Administrative Procedure Act’s Notice-and-Comment Requirement, the Nondelegation Doctrine, the Anti-Commandeering Doctrine, the Spending Clause, and the Treasury and General Government Appropriations Act of 1999, the lawsuit argues.
“Our Nation’s children have faced enough setbacks and difficulties during the last two years; they cannot afford another government attack on their development,” Landry mentioned. “My office has had great success in blocking Biden’s mandates on many hard-working Americans, and we will work tirelessly to achieve the same victories for toddlers and teachers.”
The lawsuit was filed by the AGs of Louisiana, Alabama, Alaska, Arkansas, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Wyoming, and West Virginia.
“As a natural and foreseeable result, certain providers will close and children from low-income families in affected areas will be denied access to the preschool education that Congress guaranteed them, and children who are denied access to preschool education will miss out on crucial years of development,” it states.
It additionally cites suggestions from the World Health Organization that “based on the safety and overall interest of the child and the capacity to appropriately use a mask,” (*24*)
The grievance cites pediatric nurse Anthony Luczak, who says a toddler masks mandate could trigger psychological and well being issues.
The “reinforcement of wearing masks because of the threat of the pandemic is a reinforcement of fear that directly is triggering a toxic stress in children’s lives,” she mentioned.
It argues that as a result of the federal program doesn’t clearly authorize the mandate, the Biden administration “has acted ‘in excess’ of its constitutional and statutory authority.”
“As a mother, I am very concerned about the latest federal mandates being forced on Head Start staff and students—children as young as two-years old will be required to wear masks and teachers will be forced to receive a vaccination against their will,” Florida AG Ashley Mood mentioned in a press release. “I am fighting to stop this federal overreach, just as I have fought to protect Floridians against the previous unlawful mandates forced on us by the federal government.”
Texas AG Ken Paxton mentioned earlier this month that he’ll “not allow Texans to be coerced into getting a vaccine because the federal government is giving them an ultimatum to choose between their health or their child’s preschool education.”
“These unconstitutional mandates have no place in our country, and they are not welcomed here in Texas,” he mentioned.
The Epoch Times has contacted the Biden administration for remark.