Another Biden vaccine mandate has been stopped in court.
A federal judge in Texas halted Joe Biden’s mask and vaccine mandate for Head Start programs.
The Biden administration placed a mask and vaccine mandate as a condition for getting funding for Head Start programs.
Head Start provides education-related services to low-income children.
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“This is a win for the children of Texas for sure, given that parents should be making these decisions, not the Biden administration,” Paxton told Fox News.
— Kyle Morris (@RealKyleMorris) January 1, 2022
Fox News reported:
Texas Attorney General Ken Paxton scored what he considered to be a “win for the children of Texas” after a federal judge ruled against vaccine and mask mandates for Head Start programs initiated by the Biden administration.
The ruling from Judge James “Wesley” Hendrix of the U.S. District Court Northern District of Texas orders a halt in required COVID-19 protocol conditions for the funding of Head Start programs.
The new rules issued last month require children over 2 in Head Start programs to wear masks, while the U.S. Department of Health and Human Services is requiring staff, contractors and volunteers in the program to be vaccinated by the end of January.
Texas argued that the act did not authorize mandates.
The Post Millennial reported:
Per the ruling, Texas leaders including Gov. Greg Abbott argue that the Act “does not authorise such mandates, that irreparable injury would result from them that [the Department of Health and Human Services] failed to comply with the Administrative Procedure Act in adopting the conditions, and that the mandates violate various Constitutional doctrines.”
The court agreed with these arguments, finding that there is a likelihood the mandates do not fit within the Head Start Act’s authorisation and that the mandates are “arbitrary and capricious,” so it has preliminary enjoined their enforcement across Texas.
Texas AG Ken Paxton celebrated it on Twitter:
I just halted another illegal fed vax & mask mandate. Thanks to my suit(first of its kind in the nation), Prez Brandon is barred from using the Head Start Program to force vax & masks in TX—both of which this Admin embarrassingly admitted don’t stop Covid anyway!
HAPPY NEW YEAR!
— Attorney General Ken Paxton (@KenPaxtonTX) January 1, 2022
Texas Governor Greg Abbott responded by saying “Texas just beat Biden again.”
BREAKING: Texas just beat Biden again.
Another of Biden’s vaccine & mask mandates was just halted by a federal judge in Texas.
The Court writes: “It is undisputed that an agency cannot act without Congressional authorization.”
That would apply to all of Biden’s orders. pic.twitter.com/dqmDLGxR9j
— Greg Abbott (@GregAbbott_TX) January 1, 2022