President Joe Biden cannot require teachers in the Head Start early education program to be vaccinated against COVID-19, a Louisiana federal judge ruled Saturday, handing a victory to 24 states that had sued the federal government.
U.S. District Judge Terry Doughty wrote that the Biden administration unlawfully bypassed Congress when ordering that workers in Head Start programs be vaccinated by Jan. 31 and that students 2 years or older be masked when indoors or when in close contact outdoors.
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Head Start’s federally-funded programs are available at no cost to children ages birth to 5 from low-income families. Most programs are based in centers; however, some children and families receive in-home services from educators and family service staff.
Doughty, an appointee of then-President Donald Trump, wrote that the separation of powers is crucial to the country’s founding and quoted former President Ronald Reagan, who said “the nine most terrifying words in the English language are, ‘I’m from the government, and I’m here to help.’”
“If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, then this country is no longer a democracy — it is a monarchy,” Doughty wrote.
Children wear a masks and wait for U.S. President Joe Biden to visit her pre-Kindergarten class at East End Elementary School to highlight the early childhood education proposal in his Build Back Better infrastructure agenda in North Plainfield, New Jersey, U.S. October 25, 2021. REUTERS/Jonathan Ernst
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Republican attorneys general who were among the 24 states involved in the lawsuit praised Doughty’s decision.
“This victory will help ensure that numerous Head Start programs will continue to operate rather than have to fire teachers and cut back services to children,” Alabama Attorney General Marshall said in a news release. “And this win will forestall the nonsensical and damaging practice of forcing masks on two-year-olds.”
It was not immediately clear whether the federal government would appeal the decision to the 5th U.S. Circuit Court of Appeals in New Orleans.
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Doughty’s ruling is similar to a Friday ruling in which a federal judge also blocked the Head Start mandate in Texas.
Saturday’s ruling affects Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Wyoming and West Virginia.
The Associated Press contributed to this report.
‘This too shall pass away’ this famous Persian adage seems to be defeating us again and again in the case of COVID-19. Despite every effort