JOPLIN, Mo. – Attorneys General in the 4-States join a lawsuit against a federal mask and vaccine mandate for Head Start programs.
Under the Biden administration’s mandate, teachers, contractors and volunteers in the programs are required to be fully vaccinated by January 31, 2022. The mandate requires students to wear masks.
Head Start provides resources to primarily underserved children and their families. Those against the federal mandate argue that it will place greater strain on the availability of early childhood programs for low-income families.
Louisiana Attorney General Jeff Landry spearheaded the petition. Joining him are attorneys general from 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.
Allegations
According to Missouri Attorney General Eric Schmitt’s Office, the states allege that the Head Start Mandate is not only beyond the Executive Branch’s authority, contrary to law, and arbitrary and capricious; but it also violates the
- Administrative Procedure Act’s Notice-and-Comment Requirement,
- the Congressional Review Act,
- the Nondelegation Doctrine,
- the Tenth Amendment,
- the Anti-Commandeering Doctrine,
- the Spending Clause,
- and the Treasury and General Government Appropriations Act of 1999.
Statements in Part
Missouri AG Eric Schmitt:
“Head Start Programs provide much needed resources for underserved communities, single moms, and other parents who may be struggling to provide care. Forcing children to wear masks all day is counterintuitive, as children have a very low risk of contracting, spreading, or becoming seriously ill from COVID-19. Further, forcing those children to wear masks all day could hinder crucial development,” said Attorney General Schmitt. “Additionally, requiring volunteers, teachers, and contractors to be vaccinated by the end of January will certainly lead to job loss and program cancellation, harming those underserved communities who rely on the Head Start Program. We’ve heard from parents across the state about how these mask mandates are harming their children. The Biden Administration does not have the authority to issue these onerous mask and vaccine mandates, and as we have with all of his illegal edicts, we will fight them vigorously in court.”
Oklahoma AG John O’Connor:
“This unconstitutional mandate for pre-school students, staff, and volunteers will cause mayhem for educators and low-income families in Oklahoma. My office will continue to fight for the rights of Oklahomans and defend the rule of law against the Biden Administration’s burdensome overreach,” said Attorney General John O’Connor.
Kansas AG Derek Schmidt:
“Kansas families are already facing challenges finding child care,” Schmidt said. “The Biden Administration’s adoption of this one-size-fits-all mandate will worsen child care shortages. This mandate is likely to result in the loss of staff, closure of facilities or at least reduced capacity for low-income children. It is another example of the administration taking shortcuts and failing to consider consequences as it rushes forward, and the courts should strike this mandate down as they have others.”
Lousiana AG Jeff Landry:
“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,” added Attorney General Landry. “If enacted, Biden’s authoritarianism will cut funding, programs, and childcare that working families, single mothers, and elderly raising grandchildren rely on desperately.”
Full Petition
24-state lawsuit against federal Head Start mandates
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