Case Update: Victory in the fight against government overreach! On August 29, 2023, the Fifth Circuit vacated the district court’s permanent injunction as moot after the federal government rescinded the Head Start COVID-19 staff vaccination rule.
Case Background: Teachers in Head Start programs serve approximately 850,000 children living at or below the poverty line.
Head Start teachers like Sandy Brick of Louisiana and Jessica Trenn of Ohio have taught kids through ever-changing political climates. They have continued to serve their communities and students despite uncertainty. But in 2021, they and 280,000 Americans employed by Head Start agencies found themselves the subject of new federal vaccine and mask mandates.
On September 9, 2021, President Biden unveiled a comprehensive plan to vaccinate as many Americans as possible against COVID-19. Included as part of that plan were five federal vaccine mandates. President Biden proclaimed that he was fed up with the decisions of some Americans to not get vaccinated and he looked to agency emergency rule-making and executive orders to force as many people as possible to vaccinate.
Head Start agencies (local, largely nonprofit, or governmental providers who receive federal funding to provide Head Start services) received their mandate on Nov. 30, 2021, when the Office of Head Start under the Department of Health and Human Services (HHS) published an “interim final rule” which required all staff, contractors and volunteers to receive a second dose of the COVID-19 vaccine by Jan. 31, 2022. It also placed a universal mask mandate on all adults and children.
Sandy and Jessica worked in programs that did not have vaccine and mask mandates prior to the federal government’s new directive, but after it went into affect they faced losing their jobs for declining to get the COVID-19 vaccine. However, with the help from attorneys at the Liberty Justice Center and the Louisiana-based Pelican Institute for Public Policy, they filed a federal lawsuit against President Joe Biden and federal officials to challenge the government’s gross intrusion and overreach. They believed the mandate was illegal because it did not follow the lawful ruling process, it exceeded the authority given to HHS by Congress and it violated the U.S. Constitution.
The case was filed December 22, 2021 in U.S. District Court for the Western District of Louisiana, Lake Charles Division.