Ala. Attorney General wins injunction against vaccine mandate involving Head Start

Published: Jan. 1, 2022 at 8:30 PM CST|Updated: Jan. 1, 2022 at 8:37 PM CST
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BIRMINGHAM, Ala. (WBRC) - Attorney General Steve Marshall said a federal court granted Alabama’s motion for an injunction against President Biden’s order that seeks a vaccine mandate for Head Start program employees and volunteers and a mask mandate for children in the program.

“Once again the federal executive branch has overstepped its legal authority to make laws and once again a federal court has agreed with the State of Alabama that such overreach is unconstitutional and should be stopped,” said Attorney General Marshall. “In a rare New Year’s Day order, the Western District Court of Louisiana enjoined the Biden administration from enforcing its vaccine mandate for Head Start workers and its mask mandate for toddlers. The order affects 24 states, including Alabama, which brought suit against the mandate. 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. And this win will forestall the nonsensical and damaging practice of forcing masks on two-year-olds. "

From the court record:

“The issue in this case is not whether individuals should take the COVID-19 vaccine, but whether federal agencies can mandate individuals to take a vaccine or be fired. In this Court’s opinion, the Executive branch has declared it has the authority to make laws through Federal agencies. A crossroad has clearly been reached in this country. 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.

“This two-year pandemic has fatigued the entire country. However, this is not an excuse to forego the separation of powers. If the walls of separation fall, the system of checks and balances created by the founders of this country will be destroyed. In the words of Thomas Paine, ‘Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.’ Common Sense (1776).

“This issue will certainly be decided by a higher court than this one. This issue is important. The separation of powers has never been so thin.”

On December 21, Attorney General Marshall joined with Louisiana Attorney General Jeff Landry to challenge the Biden administration’s Head Start mandate, along with his colleagues from 22 other States. The federal court order can be read here.


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