TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 22, 2022

A three-judge panel of the U.S. 6th Circuit Court of Appeals heard arguments last week on whether President Joe Biden has the power to bar government agencies from contracting with businesses that do not require COVID-19 vaccines for their workers, Reuters reports. The mandate was challenged by the attorneys general of Tennessee, Kentucky and Ohio and blocked by a Kentucky federal judge last year. In January, the appeals court upheld the district court decision in a preliminary order. Last week's arguments focused largely on the scope of the Federal Procurement Act, which is designed to promote economy and efficiency in federal contracting.

Posted by: Kate Prince on Jun 23, 2022

Tennessee House Republican leadership yesterday asked Gov. Bill Lee to block the Department of Health from "distributing, promoting or recommending" the COVID-19 vaccine for children under 5, the Tennessean reports. Rep. Jason Zachary, R-Knoxville, authored the letter to Lee, which was co-signed by House Speaker Cameron Sexton, R-Crossville, Majority Leader William Lamberth, R-Portland, and Republican Caucus Chairman Jeremy Faison, R-Cosby. In the letter, the group asks Lee to block distribution of the vaccine until "more clinical evidence is available." Zachary said parents who want the vaccine could seek it out from a private doctor but called on Lee to block local health departments from administering the shot to children under 5. Lee’s office acknowledged it had received the letter, but offered no further comment.

Posted by: Stacey Shrader Joslin on May 13, 2022

Livestreaming of federal appellate court arguments could outlast the COVID-19 pandemic, the federal judiciary told U.S. lawmakers, with all but one circuit court indicating plans to at least consider keeping the practice going. Reuters reports that U.S. District Judge Roslynn Mauskopf, the director of the Administrative Office of the U.S. Courts, said the judiciary is working to determine to what extent remote access to oral arguments should continue post-pandemic. Before March 2020, only the 9th and D.C. Circuits had regularly streamed oral arguments online.

Posted by: Kate Prince on Apr 21, 2022

The Justice Department has appealed a federal judge’s ruling that recently ended mask mandates on public transit, CBS News reports. The Centers for Disease Control and Prevention (CDC) said the mandate “remains necessary for the public health,” and asked the Justice Department to appeal U.S. District Judge Kathryn Kimball Mizelle’s ruling. Mizelle on Monday voided the CDC’s requirement of masks on airplanes and other public transit, ruling that the mandate exceeded the authority of U.S. health officials.

Posted by: Kate Prince on Apr 19, 2022

The Knox County Board of Education has settled a monthslong lawsuit that led to the county’s school mask mandate, agreeing to pay $145,000 in attorney’s fees to the plaintiffs, the Knoxville News Sentinel Reports. The agreement between the parties says neither side is admitting wrongdoing, and the cost of the mediator will be split among the board, the families and the state. The end of the lawsuit also means the mask mandate in Knox County schools has expired. The lawsuit began in February after two Knox County families sued the board on behalf of students with disabilities for protection against COVID-19. With no court hearing, no legal precedent will be set on where universal masking falls under the Americans with Disabilities Act and Individuals with Disabilities Education Act.

Posted by: Kate Prince on Apr 19, 2022

The Transportation Security Administration (TSA) is no longer enforcing the federal government’s mask mandate after it was struck down by a federal judge in Florida yesterday, The Hill reports. Judge Kathryn Kimball Mizelle voided the Centers for Disease Control and Prevention’s (CDC) directive yesterday, writing that the agency exceeded its statutory authority with the order requiring mask use on planes, trains and other forms of public transit. Days before Mizelle’s ruling, the CDC had extended the mask mandate for another 15 days, saying it was reviewing the impact of a recent spike in COVID-19 cases. White House press secretary Jen Psaki told reporters earlier Monday that the ruling was “disappointing” and that the administration was reviewing the decision.

Posted by: Stacey Shrader Joslin on Apr 15, 2022

The TBA Executive Committee has amended its recent COVID-19 Safety Protocols. Pursuant to the new policy, all in-person, indoor TBA events, meetings and programs will have the following restrictions until further notice: (1) TBA will comply with the more restrictive protocols and requirements of the host venue at the time of an event, meeting or program; (2) If there are no venue rules in place, TBA will, at a minimum, encourage masking for attendees, where appropriate; (3) Social distancing may be required, and attendance may be limited to ensure compliance at all in-person events depending on current health conditions and CDC guidelines in place at the time of the event; and (4) Attendees will remain subject to TBA’s COVID-19 Safety Acknowledgement Form. This policy is effective immediately until further notice.

Posted by: Stacey Shrader Joslin on Apr 11, 2022

The U.S. Supreme Court announced today that it will hear all oral arguments scheduled for the April session in its courtroom but access will be limited to the justices, essential court personnel, counsel in the scheduled cases and journalists with full-time press credentials. In a release today the court said, “Out of concern for the health and safety of the public and Supreme Court employees, the Courtroom session will not be open to the public.” The court will provide a live audio feed of the arguments. A link to the feed will be available on the court's website.

Posted by: Stacey Shrader Joslin on Apr 8, 2022

The 5th Circuit Court of Appeals yesterday reinstated President Joe Biden's executive order mandating that federal civilian employees be vaccinated against COVID-19. By a 2-1 vote, a panel of the court lifted an injunction imposed by a district court judge in Texas in January, Reuters reports. Biden announced last fall that he would require about 3.5 million government workers to get vaccinated by Nov. 22 (barring a religious or medical accommodation) or face discipline or firing. Earlier this year, the U.S. Supreme Court blocked Biden's vaccination-or-testing mandate for large businesses but allowed a separate federal vaccine requirement for healthcare facilities to stand. Yahoo News has the story.

Posted by: Stacey Shrader Joslin on Mar 14, 2022

When students in Knox County Schools return from spring break, they will no longer be required to wear a mask in schools, Knoxnews reports. Judge J. Ronnie Greer lifted his own order today, six days after the Knox County Board of Education and four families in the mask lawsuit all requested that the mask rule be temporarily suspended. Greer said the suspension of the mask rule can last for up to 60 days, which is the maximum time given for mediation, and the requirement can be put back in place if COVID circumstances change in the county. Greer’s order also does not affect a second suit against the Knox County Board of Education, which seeks to end the mask rule and establish a precedent that mask mandates are not a reasonable accommodation under the Americans with Disabilities Act.


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