Case

Brick v. Biden

The Head Start vaccine mandate is illegal because it does not follow the lawful ruling process, it exceeds the authority given to HHS by Congress and it violates the U.S. Constitution.

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 COVID-19 mitigation measures. They have continued to serve their communities and students despite uncertainty. But now, they and 280,000 Americans employed by Head Start agencies find 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 rulemaking 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” requiring all staff, contractors and volunteers to receive a second dose of the COVID-19 vaccine by Jan. 31, 2022. It also places a universal mask mandate on all adults and children.

Sandy and Jessica work in programs that did not have vaccine and mask mandates prior to the federal government’s new directive, but now they face 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 believe the mandate is illegal because it does not follow the lawful ruling process, it exceeds the authority given to HHS by Congress and it violates the U.S. Constitution.

Attorneys

Jacob Huebert

Jacob Huebert

Jacob Huebert serves as the president of the Liberty Justice Center. He previously served as the Liberty Justice Center’s Director of Litigation. In that role, he successfully litigated cases to protect economic liberty, free speech and other constitutional rights. Jacob and his work have appeared in numerous national media outlets, including the Wall Street JournalNew York Times and Fox News Channel.

Case Press Releases

Case In The News

Fox News
September 27, 2022

(Fox News)—A federal judge in Louisiana on Wednesday struck down a federal school mask and vaccine mandate. U.S. District Court Judge Terry A. Doughty in Lafeyette, Louisiana ruled that the federal government cannot push a COVID-19 vaccine or mask mandate for Head Start program teachers, staff, and volunteers as well as all students...

The Center Square
September 22, 2022

(The Center Square)—With a permanent injunction issued in a case against President Biden’s mask and vaccine mandate for Head Start child care centers, the only question is whether federal officials will appeal the ruling. U.S. District Judge Terry Doughty struck down the mandate on Wednesday, finding the edict poses a “substantial threat...

Newsmax
September 22, 2022

(Newsmax)—A federal district court in Louisiana ruled Thursday that the government cannot require teachers and staff within the Head Start early education program to be vaccinated against COVID-19. Judge Terry A. Doughty also ruled that adults and students cannot be required to wear masks — a win for the Liberty...

Town Hall
September 22, 2022

(Townhall)—The Biden administration’s vaccine and mask mandate suffered another legal blow on Wednesday, when a federal judge in Louisiana ruled the government cannot force Head Start teachers, staff, and volunteers to be vaccinated against COVID-19 or require that students and adults wear a face covering. Teachers Sandy Brick of Louisiana...

Just The News
September 22, 2022

(Just the News)—The ruling permanently blocks the administration from enforcing the mandate. A federal judge handed down the latest rebuke of the Biden administration by striking down the federal COVID-19 vaccine and mask mandates for teachers and students in the Head Start program. Judge Terry A. Doughty, on the bench...

Fox News
September 21, 2022

(Fox News)—Head Start required all employees to be vaccinated and all adults and children over the age of two to be masked. A federal judge in Louisiana on Wednesday struck down a federal school mask and vaccine mandate. U.S. District Court Judge Terry A. Doughty in Lafeyette, Louisiana ruled that the federal...

Breitbart
September 21, 2022

(Breitbart News)—A federal judge ruled Wednesday that federal school mask and vaccine mandates cannot be enforced because “liberty interests of individuals … outweigh any interest generated by the mandatory administration of vaccines.” The federal mandate affected 280,000 teachers, staff, and volunteers with the Head Start program who were met with...

Case Documents

December 22, 2021
September 21, 2022
August 29, 2023

ABOUT

NAME

Brick v. Biden

FILED

December 22, 2021

COURT

U.S. District Court for the Western District of Louisiana, Lake Charles Division

STATUS

Closed

Media

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