Today, a federal judge in Louisiana ruled the federal government cannot require Head Start program teachers, staff and volunteers be vaccinated against COVID-19 nor that adults and students wear masks. The federal regulation imposing vaccination and masking requirements on children is permanently enjoined in 24 states. Significantly, the court invoked the major questions doctrine, explains Devin Watkins, CEI attorney:
“Federal agencies love to expand their own power. Congress authorized an agency inside the Department of Health and Human Services to provide funds to help kids from low-income families learn, but recently that agency decided unilaterally to add in vaccine and mask mandates. The agency prohibited alternatives like natural immunity, social distancing, or additional testing — thus overriding the decisions of both people and states.
“Federal Judge Doughty ensured that only the people’s representatives in Congress, not unelected bureaucrats, can make such decisions. Federal agencies are on notice: deciding such major questions without Congress will not be allowed.”
- View the ruling on the Liberty Justice Center website