The U.S. 5th Circuit Court of Appeals on Saturday ordered a temporary halt of President Biden’s coronavirus vaccine mandate for businesses with 100 employees or more, saying there are "grave statutory and constitutional” issues with the rule. The ruling came in a challenge to the mandate from the states of Texas, Louisiana, Mississippi, Utah and South Carolina, The Hill reports. A similar challenge was filed Friday in the 6th Circuit Court of Appeals by Tennessee Attorney General Herbert H. Slatery III and six other attorneys general.

The TBA Executive Committee amended its recent COVID-19 Safety Protocols this week. Pursuant to the new policy, all in-person, indoor TBA events, meetings and programs will have the following restrictions effective immediately and until further notice:

• TBA will comply with the more restrictive protocols and requirements of the host venue at the time of an event, meeting or program.
• If there are no venue rules in place, TBA will, at a minimum, encourage masking for attendees.
• TBA staff will wear masks when indoors at the office or at indoor events or meetings when not eating or drinking.
• Social distancing may be required, and attendance may be limited to ensure compliance at all in-person events.
• Attendees at in-person events will remain subject to TBA’s COVID-19 Safety Acknowledgement.

The Biden administration’s requirement that all employers with more than 100 workers mandate COVID-19 vaccines or impose regular testing for staff will officially take effect Jan. 4, 2022, but challenges have already begun. Tennessee Attorney General Herbert H. Slatery III and six other attorneys general today filed a petition with the U.S. 6th Circuit Court of Appeals challenging the mandate. The group is asking the court to stay the emergency rule issued by the Occupational Safety and Health Administration (OSHA). They argue that OSHA lacks statutory and constitutional authority to take action against risks that are equally prevalent at work and in society at large since Congress specified that the rule making authority was designed to protect employees from dangers at their work places. National Public Radio also reports that other suits are expected from various groups of attorneys general and governors. And legislative challenges have been introduced in the U.S. Congress by Republican Tennessee lawmakers. Rep. Tim Burchett has introduced the “Keeping Our COVID-19 Heroes Employed Act” to protect essential workers from termination under the mandate. Sen. Marsha Blackburn has introduced the same bill in the Senate, the Claiborne Progress reports.

Tennessee Attorney General Herbert H. Slatery III joined with the attorneys general of Ohio and Kentucky to file a lawsuit today challenging the Biden Administration’s COVID-19 vaccine mandate for federal contractors. The suit, filed in the U.S. District Court for the Eastern District of Kentucky, asserts that the administration’s vaccination requirement is unlawful and unconstitutional because it violates state sovereignty and was not considered by the U.S. Congress. The attorneys general also argue that the mandate will cause harm to the citizens of their states. Read more about the suit and access the filing on the AG’s website.

The U.S. Justice Department has reopened its Office for Access to Justice, a unit created in 2016 to help low-income Americans who need legal representation. The move fulfills a promise by President Joe Biden to reinvigorate the office, which was shut down during Donald Trump’s administration, Reuters reports. The administration also recently released the 2021 report of the Legal Aid Interagency Roundtable, which brings together more than two dozen federal agencies to address legal service challenges. This year's report focused on access to justice in the age of COVID-19.

Tennessee Democratic lawmakers sent a letter to Gov. Bill Lee yesterday asking him to veto four bills passed during the General Assembly’s most recent special legislative session, WSMV reports. The letter from the Joint Minority Caucus urged Lee to veto Senate Bill 9014 regarding COVID-19 unemployment benefits, House Bill 9076 giving the governor power to issue executive orders and direct health departments during the pandemic, Senate Bill 9008 which allows for the temporary replacement of district attorneys who refuse to enforce certain laws and House Bill 9072 which allows partisan school board elections. Lee on Monday resisted stating his stance on the legislature's rollback of COVID-19 restrictions in the state, the Tennessean reports, instead saying his administration still needs time to review the package of bills.

Twenty-four members, or about half, of the Nashville Metro Council are calling on Mayor John Cooper to review recent actions of the state legislature and prepare for possible legal action, Mainstreet Nashville reports. The members said legislation passed this weekend that limits the role of localities in responding to COVID-19 was “unprecedented and dangerous." If the bill is signed into law, several Metro policies could be reversed, including a mask requirement for public school children and in libraries and community centers.

Following five hours of late-night deliberations between the two legislative chambers, Tennessee lawmakers adjourned at 1:34 a.m. Saturday after passing a series of measures significantly limiting COVID-19 restrictions by businesses, schools, local health departments, and even the governor. Debate over the comprehensive package split along party lines — with advocates touting individual liberty and opponents voicing concerns of state government overreach, the Tennessean reports. Among its provisions, the legislation:

• Bars government entities and public schools from requiring masks unless COVID-19 cases hit a certain threshold. In those cases, schools must seek approval for a maximum 14-day mandate. Exceptions are provided for private schools and correctional facilities.
• Prohibits government entities, public schools and many private businesses from mandating vaccines or proof of vaccination. Entertainment venues may require a negative COVID-19 test or proof of antibodies.
• Provides other exceptions for vaccine and mask mandates for public universities, federal contractors, airport authorities, health care providers and long-term care facilities if they would lose federal funding without mandates in place.
• Gives the governor exclusive power to issue executive orders and direct health departments during a pandemic, and gives the state health commissioner exclusive power to issue quarantine guidelines.
• Allows for partisan school board elections.
• Allows the attorney general to ask the Tennessee Supreme Court to temporarily appoint a prosecutor to replace a district attorney general who peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances.

The governor has not indicated whether he will sign all of the bills that passed, but in a Tweet he praised lawmakers "for working to address the Biden Administration's overreach into our state," WPLN reports.

Tennessee Attorney General Herbert Slatery and 20 attorneys general from across the country are asking President Joe Biden to withdraw his administration’s COVID-19 mandate for all federal contractors. Pursuant to Biden’s September executive order requiring federal departments to contractually require contractors and subcontractors to adopt COVID-19 safety protocols, the Safer Federal Workforce Task Force in September issued a vaccination mandate, which Slatery called “simply not workable.” Read more from the AG’s website.  

The federal government has approved a plan to use COVID relief funds to temporarily enroll up to 2,000 Tennesseans with disabilities into a state program that provides home and community-based services, the Tennessean reports. The Employment and Community First CHOICES offers individuals with intellectual or developmental disabilities a range of services to help them live independently, access transportation and benefit from job training and day programs. There are currently about 2,500 individuals enrolled in the program, with an additional 5,000 on a waiting list.