Challenging a rule from the Biden administration that would require COVID-19 vaccine mandates for employees at a preschool program known as Head Start, Florida Attorney General Ashley Moody joined 23 other states to express an objection to the mandates.
Head Start is a free preschool program for students three to four-years-old in low-income families and is funded by the federal Head Start program. The vaccine mandate would require all employees of schools that operate under Head Start to be vaccinated, as well as require mask mandates for children ages two and up.
The lawsuit was filed in the U.S. Western District Court of Louisiana and argues that the Head Start mandate is unlawful for numerous reasons. The 65-page complaint argues that the rule exceeds the executive’s statutory authority, is contrary to law, and illegally bypassed notice and comment.
It also says the rule is arbitrary and capricious, while constituting an exercise of legislative power in violation of the Nondelegation Doctrine. Lastly, the complaint challenges that the rule violates the Congressional Review Act, the Tenth Amendment, the Anti-Commandeering Doctrine, the Spending Clause, and the Treasury and General Government Appropriations Act of 1999.
The other states taking part in the lawsuit include Alabama, Alaska, Arizona, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wyoming.
In a news release, Attorney General Moody argued:
“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. 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.”
Echoing the text from the lawsuit, the release also highlights the benefits of the Head Start program, while also noting the negative consequences that could take effect if the rule is left in place and require Head Start employees to be vaccinated.
According to the release, “The Head Start program provides much needed resources to underserved children and their families. The program provides early childhood education and resources, including diapers, to families. If [the rule is] left in place, teachers, contractors and volunteers in Florida Head Start programs will be forced to receive COVID-19 vaccinations by Jan. 31, 2022. This unlawful requirement will lead to job losses and potentially a reduction in programs for children in need” – which the lawsuit emphasizes is the “opposite result of its purported goal.”
A final ruling on the 24-state lawsuit is not expected to be made until a federal judge hears the case, which will not be until January.
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Casey Owens is a contributing writer for The Florida Capital Star. Follow him on Twitter at @cowensreports. Email tips to [email protected].
