Utah joins multi-state lawsuit to appeal Biden’s COVID-19 Head Start vaccine mandate


Vials of the Moderna COVID-19 vaccine are seen at the Assad Iben El Fourat school in Oued Ellil, outside Tunisa. (AP Photo/Hassene Dridi, file)

SALT LAKE CITY (ABC4) – Utah joined a multi-state lawsuit on Tuesday to appeal the Biden administration’s Head Start COVID-19 vaccine mandate.

Utah Attorney General Sean Reyes has joined the lawsuit, making Utah the latest to appeal among 23 other states. The lawsuit addresses Biden’s requirements of masks on toddlers and COVID-19 shots for staff and volunteers in Head Start programs.

“Forcing masks on two-year-olds and vaccines on Head Start teachers will cost jobs and impede child development,” said Attorney General Reyes. “Not only is the Head Start mandate unlawful, but it will deprive low-income families and rural communities in Utah of these vital services.” 

All 23 states allege that the Head Start Mandate is beyond the Executive Branch’s authority and is a violation of the following:

  • The APA’s Notice-and-Comment Requirement
  • The Congressional Review Act
  • The tenth amendment
  • The Anti-Commandeering Doctrine
  • The Spending Clause
  • The Treasury and General Government Appropiations Act of 1999

Under the Biden administration mandate, teachers, contractors, and volunteers within the Head Start Program are required to be fully vaccinated by January 31, 2022.

The states that are joining Attorney General Reyes in the lawsuit include Louisiana, Alabama, Alaska, Arkansas, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Wyoming, and West Virginia.

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