Following a lawsuit filed by Lubbock ISD and the State of Texas vs the Biden Administration mask and vaccine mandates, a federal judge temporarily blocked the mandates from going into effect.
As the lawsuit continues to play out in federal court, U.S. District Judge James "Wesley"
Hendrix last Friday stopped one of the Biden Administration’s COVID-19 vaccine and mask mandates in Texas through a preliminary injunction. The suit was brought by Texas Attorney General Ken Paxton and Lubbock’s largest school district.
According to court documents, due to a Biden Administration mandate signed Nov. 30, 2021, all Head Start staff, contractors and volunteers were required to start wearing masks while working starting immediately and were required to be fully vaccinated against COVID-19 by Jan. 31. Children as young as 2-years old would be required to wear masks.
Lubbock ISD and the Texas Attorney General argued that Head Start is harmed by mask mandates and vaccine mandates. Head Start is a schoolreadiness program for infants, toddlers and pre-school children in low-income families.
LISD argued that staff might be fired or forced to quit their jobs due to vaccine mandates. Low-income families might withdraw over mask mandates. The Biden Administration disagreed and said the mandates are well justified by the need to keep children and families safe from COVID-19.
The ruling by Judge James “Wesley” Hendrix came on Dec. 31, 2021. The lawsuit requested a nationwide temporary restraining order and preliminary injunction. The judge limited the order to Texas.
“The great majority of evidence before the Court is limited to harm caused to Head Start programs in Texas,” the judge in Lubbock ruled on Friday.
“The Court concludes that the circumstances do not justify or require a nationwide injunction,” the ruling said.
The ruling on Friday is preliminary. Federal Rule of Civil Procedure 65(a) authorizes federal courts to issue preliminary injunctions. The court need not address a plaintiffs’ motion for temporary restraining order under Rule 65(b) because defendants received notice, made an appearance, and the issues have been fully briefed and argued by the parties.
In order to obtain a preliminary injunction, a LISD and Texas had to demonstrate, a substantial likelihood of success on the merits; a substantial threat of irreparable harm if the injunction does not issue; that the threatened injury outweighs any harm that result if the injunction is granted; and that the grant of an injunction is in the public interest.