Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Former City of Atlanta Official Sentenced for Accepting Bribes, United States Department of Justice (DOJ), CBP Officers Seize More Than 540 Pounds of Narcotics, U.S. Customs and Border Protection Department of Homeland Security. In deciding the president didnt have the authority to issue the federal employee mandate, the judge relied partly on the Supreme Courts recent decision striking down the Occupational Safety and Health Administrations vaccine mandate for large private employers. Market data provided by Factset. Covid-19 response and the vaccination program at the White House on August 23, 2021. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. All rights reserved. KoldoyChris/Getty Images. For the most up-to-date news and information about the coronavirus pandemic, visit the WHO and CDC websites. Relatively few federal employees have refused to vaccinateas of December 8, 97.2% of employees had complied with the mandate, and each federal agency had at least 95% compliance, the White House said. This means that the vaccine mandate could resume in many other states that are not covered by an injunction from another court. A self imposed vaccine mandate by a restaurant is not the same as the government telling a business to enforce a vaccine mandate. The 5th Circuit Court of Appeals in New Orleans overturned a . Despite the lifting of the nationwide bar to enforcement on October 18, 2022, at this time agencies should not: take any steps to require covered contractors and subcontractors to come into compliance with previously issued task force guidance; or enforce any contract clauses implementing Executive Order 14042, said a Wednesday update from the Office of Management and Budget and Safer Federal Workforce Task Force. WORK ENVIRONMENT This case is not about whether folks should get vaccinated against COVID-19 the court believes they should, he wrote. The judges also rejected the government's contention that the special circumstances of the COVID-19 pandemic endowed the president with special, unchecked powers. CDC SAYS RESPIRATORY VIRUSES MAY CONTINUE TO SPREAD FOR WEEKS, 'POSSIBLY EVEN MONTHS': REPORT, Protesters gather for a rally against COVID-19 vaccine mandates in Washington, D.C., on Jan. 23, 2022. WASHINGTON A U.S. judge in Texas issued a nationwide injunction on Friday barring the federal government from enforcing President Joe Biden's requirement that . Plaintiffs seek a preliminary injunction of the mandate's enforcement pending a full judicial review of the mandate's legality. Customer Reviews: Five-Star Enforcement and the Expanding Regulations. Biden . Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. etc.). Nov. 30, 2021. We are confident in our legal authority here, Jen Psaki, the White House Press Secretary said at a briefing shortly after the ruling. The mandate was one of several the Biden administration imposed as a way to combat vaccine hesitancy and curb the spread of Covid-19, along with vaccine requirements for healthcare workers, large private employers and federal contractors. Although the Eleventh Circuit agreed with the district court that the vaccination mandate exceeded the Presidents authority to issue, the appellate court found that the district courts nationwide injunction was too broad in scope and limited the scope of the injunction to apply only to the parties before the court. Strictly Necessary Cookies - Always Active. And in NFIB, the Supreme Court specifically held that COVID-19 is not a workplace risk, but rather a universal risk that is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases.. You may opt out of our use of such pts. In mid-January, the Supreme Court blocked the U.S. governments COVID-19 vaccination and testing requirement for large private businesses but allowed the administration to implement a vaccine mandate for over 10 million health care workers whose facilities take part in Medicare and Medicaid programs. In anticipation of this ruling, OMB and the task force outlined last Friday what would happen if the mandate was lifted. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Paused implementation and enforcement of the federal contractor vaccine mandate follows the Aug. 28, 2022 decision from the US Court of Appeals for the Eleventh Circuit that narrowed the scope of the original vaccine mandate for certain federal contractors. The court agreed with the states that the government's "closed nexus" test unlawfully gives the president "nearly unlimited authority" to impose requirements on federal contractors. The request for rehearing argued that obligation does apply to challenges before disciplinary action has been enforced, such as the present case; the injunction was issued just as agencies were preparing to enforce it. to take that as a valid request to opt-out. Additionally, you may contact our legal . It is not even about the federal governments power, exercised properly, to mandate vaccination of its employees. 2023 by Government Media Executive Group LLC. your data under the CCPA. outlined last Friday what would happen if the mandate was lifted. The court voted 2-1 Thursday to remove the injunction, saying the plaintiffs, several groups of federal employees, should have brought their objections to the Merit Systems Protections Board, a grievance board for federal workers. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. In late August, the U.S. Court of Appeals for the 11th Circuit ruled that the nationwide injunction on the vaccine mandate was overbroad and narrowed the scope of it to apply to the plaintiffs in the case (Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, West Virginia, and members of the national trade association, Associated Builders and Contractors.) The Biden administrations Covid-19 vaccine mandate for federal employees has once again been blocked in courtat least for nowas a federal appeals court ruled Monday it will rehear the case and threw out its previous decision that upheld the vaccine requirement. On August 26, 2022, the Eleventh . EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. To allow time to develop advice and processes for meeting agencies obligations under Executive Order 14042 and applicable court orders, agencies should follow the instructions provided in the OMB guidance here.. As first deadline passes, Ohio's low vaccination rates in nursing homes could add to staffing shortage or loss of federal funding. The Justice department plans to appeal the ruling; a separate appeal seeking to reverse the Georgia courts injunction of the contractor mandate is already underway before the 11th Circuit Court of Appeals. He found at least some of them would inevitably be fired if the vaccine requirement werent blocked. It adds that if an employee wins such a challenge, any adverse employment actions taken against them can be remediated through reinstatement, backpay, and attorneys feeswhich means no employee should be chilled from pursuing a challenge by the fear that doing so will itself be costly. The federal district judge in Texas who issued the injunction January 21 still has not issued a ruling on the merits of the arguments for and against the mandate although he signaled his most likely choice by issuing the injunction and then refusing to lift it at the governments request. The mandate does not coerce employees to take a COVID-19 vaccine, any more than it coerces them to perform their jobs, respect workplace policies, or fulfill other prerequisites of continued employment. A federal judge on Tuesday issued a nationwide injunction against a vaccine mandate for federal contractors, ruling that President Joe Biden probably exceeded his authority by imposing the requirement.. Judge R. Stan Baker, who's based in Georgia, temporarily blocked implementation of the administration after a lawsuit from numerous states and a trade group argued that letting the mandate take . intended if you do so. Friday rush hour traffic in the nation's capital was exacerbated by activity of an anti-vaccine mandate convoy protest that originated in the West Coast, when authorities in response closed a number of highway exits near and in the city. You can set your browser to block or alert you about these cookies, but some parts Cherokee Federal is monitoring the court case and awaiting . but pregnant women are being forced to have babies in Texas because they couldn't be bothered to put an injunction in place until they ruled on the legality. The U.S. Court of Appeals for the Eleventh Circuit has issued its Order overturning the nationwide injunction issued by the U.S. District Court for the Southern District of Georgia in Georgia v. Biden against the federal contractor COVID-19 vaccine mandate, but keeping the injunction in place for the plaintiff parties. department for further clarification about your rights as a California consumer by using this Exercise My This website is not intended for users located within the European Economic Area. Georgia, et al. If you would ike to contact us via email please click here. ADVANCED! Does the Supreme Court have the stomach to tackle the super fun SECs Pay vs. Here is a quick refresher on the federal measures taken recently to require employers to mandate COVID-19 vaccination. The U.S. Supreme Court upheld that mandate, which applies to healthcare facilities that participate in Medicare and Medicaid programs, in January, but struck down the large employer mandate, ruling the federal government exceeded its authority by imposing it. This may affect our ability to personalize ads according to your preferences. On September 9, 2021, President Joe Biden issued an executive order requiring all federal workers to be vaccinated by November 22. posted on February 22, 2023, OPM Updates Guidance on Making Retirement Applications Healthy Executive Gov provides you with Free Daily Updates and News Briefings about Industry News, Receive the Daily News Briefing And Events Updates Straight to Your Inbox. The lawsuit has been assigned to U.S. District Judge Steven Merryday, who in June sided with the state and issued a preliminary injunction against federal Centers for Disease . Sale of Personal Data, Targeting & Social Media Cookies, Under the California Consumer Privacy Act, you have the right to opt-out of the If an employee chooses not to receive a COVID-19 vaccine (and is ineligible for an exception), he simply may no longer be permitted to continue in federal employment, just as an employee would be subject to termination if she chose to stop performing her job or chose to violate workplace policies. Federal News Network's DoD Cloud Exchange: From enterprise to the tactical edge discover how the Defense Department and military services intend to advance their use of cloud technologies. I agree to the use of my personal data by Government Executive Media Group and its partners to serve me targeted ads. A U.S. district court in Georgia halted the Biden administration's vaccine mandate for federal contractors on Tuesday, writing that the president likely exceeded his authority. The request for rehearing, like the case before the three-judge panel, focuses less on whether the mandate is legal and within the Presidents powers to issue, but rather on whether a challenge to it must first go through federal employee appeals processes before going into federal court. The executive order Judge Brown enjoined Friday applied specifically to federal civilian employees. posted on February 28, 2023, Restrictions Proposed for Agency Relocations This courts decision does not affect the vaccine mandate for federal employees, which is currently not being enforced. The injunction remains in effect while the full court considers whether to accept that request, which the new Justice Department filing opposes. On November 5, 2021, CMS issued an . She added that 98 percent of federal employees are now vaccinated as of Friday. At this time, agencies should not enforce contract clauses implementing the mandate; modify contracts to insert a clause on the mandate; or include a clause on the mandate in solicitations for new orders. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. privacy request at our Do Not Sell page. The nationwide injunction against the Biden administrations Coronavirus vaccination mandate for federal employees has now hit the two-month mark with the dispute still pending in the court system. A lower court judge had issued a nationwide injunction. ", The majority further said that under the government's argument, any president "would have little difficulty" issuing requirements on federal contractors "that their employees take daily vitamins, live in smoke-free homes, exercise three times a week, or even, at the extremity, take birth control in order to reduce absenteeism relating to childbirth and care. Those moves, along with repeated statements from the administration about upcoming broader recalls of teleworkers, have led some employees to speculate that the White House will drop the mandate. After the first iteration of guidance (which was released on Wednesday), the task force starts a process to update its guidance for contractor and subcontractor worksites, which will include a timeline for implementation. A federal judge has ruled in favor of Georgia and other states in the legal battle over enforcement of a COVID-19 vaccine mandate for federal contractors. Yes, I want to receive occasional updates from partners. The judge enjoined the federal government "from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States of America." . The Biden administration has asserted before a federal court that "there is no coercion" in its Coronavirus vaccination mandate for federal employees. the administration from implementing the requirement. Polsinelli PC, Polsinelli LLP in California, National Law Review, Volume XII, Number 241, Public Services, Infrastructure, Transportation. You The Biden administration's Covid-19 vaccine mandate for federal employees has once again been blocked in courtat least for nowas a federal appeals court ruled Monday it will rehear the . The court takes them at their word, he wrote. 1910, 1915, 1917, 1918, 1926, and 1928). This material may not be published, broadcast, rewritten, or redistributed. Stopping the spread of COVID19 will not be achieved by overbroad policies like the federalworker mandate.. "Under Supreme Court precedent, this Court cannot permit such a mandate to remain in place absent a clear statement by Congress that it wishes to endow the presidency with such power.". We also use cookies to personalize your experience on our websites, including by Monday, August 29, 2022. information by using this toggle switch. A brief history may be helpful: On September 9, 2021, President Biden issued Executive Order 14042, directing federal agencies to include a COVID-19 vaccination mandate in new federal government contracts, renewals and extensions of existing contracts, and, where possible, existing contracts even in the absence of a renewal or extension. Draft the To Each Their Own: Agency Must Consider Experience of Each Partner in CMS Updates List of Telehealth Services for CY 2023, What You Need to Know About the New Tariffs on Imports from Russia. The Biden administration is withdrawing its COVID-19 vaccine mandate for companies with 100 or more employees, the Department of Labor said Tuesday (PDF). Read about how we use cookies and how you can control them on our Privacy Policy. 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They This website uses cookies to enhance user experience and to analyze performance and On September 24, 2021, the Safer Federal Workforce Task Force issued guidance implementing the Executive Orders requirements. The White House instructed federal agencies not to enforce the vaccine mandate in October. information. Two candidates seek to be Chicago's next mayor after Lightfoot's loss, Catholic bishops sound 'alarm' on Equal Rights Amendment, saying it will hurt religious freedom, WA Senate unanimously passes bill requiring clergy to report child abuse, neglect, NYC Mayor Eric Adams says when America 'took prayers out of schools, guns came into schools'. Reg. January 21, 2022 12:36 pm. v. President of the United States, et al., No. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. sale of your personal information to third parties. Sponsored: Reimagine Health and Human Services. content and messages you see on other websites you visit. However, contractors outside of the states that remained covered by court injunctions must resume preparations to ensure that all covered contractor employees, as defined by the task forces guidance, are vaccinated against COVID-19 or have a religious or medical exemption from vaccination. Many plaintiffs have not only declined to assert any exemption but have also submitted affidavits swearing they will not. Citing the U.S. Supreme Court's COVID-19 vaccine mandate decisions, the appeals court panel ruled that Biden's attempt to "regulate a significant portion of the American economy" via executive order was unlawful. These cookies are not used in a way that constitutes a sale of Because theyre rehearing the case, the court dissolved its ruling from April, which means the district judges ruling blocking the mandate will now be reimposed as the case moves forward. If you do not allow these cookies, you will experience less targeted advertising. The White House did not immediately respond to a request for comment. use third-party cookies which are cookies from a domain different than the domain of the website you are Therefore we would not be able to track your activity through the April 11, 2022. We also The federal court that issued a nationwide injunction of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, has issued a new Order stating that it enjoined . The government had argued that the president had broad statutory authority to issue policies that "provide the Federal Government with an economical and efficient system" of contractor operations under the Procurement Act. DHS S&Ts Biometric Tech Rally Highlights Efficacy of Group Facial Recognition Systems, Col. 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A federal appeals court on Thursday upheld President Biden's mandate for all US government workers to be vaccinated against COVID-19. (AP Photo/Patrick Semansky, File). FT. WORTH, Texas, Jan. 3, 2022 /PRNewswire/ -- The United States District Court for the Northern District of Texas today issued a preliminary injunction, stopping the Department of Defense from punishing. Workers at NASA's Jet Propulsion Laboratory (JPL) and their supporters protest November 1, 2021 [+] outside JPL in Pasadena, California against a Covid-19 vaccine mandate for all federal employees. A nationwide injunction on the COVID-19 vaccine mandate for federal contractors has been officially lifted, but the federal government told agencies to hold off on enforcing the mandate. If you have enabled privacy controls on your browser (such as a plugin), we have The vaccine requirement for Medicare and Medicaid providers was one of several mandates Biden's administration imposed upon private-sector employers to try to drive up vaccination rates and slow the spread of the coronavirus. Similarly, [the law] authorizes the president to regulate the workplace conduct of executive-branch employees, but not their conduct in general, he wrote. Visit www.allaboutcookies.org Why Deny Hazard Pay For Feds Forced To Take COVID Risks? This Holland & Knight alert provides a roundup on the latest rulings concerning the federal vaccine mandates, including the U.S. Supreme Court's decision to hold a special hearing on Jan. 7, 2022, to hear argument on the OSHA and CMS mandates. Stopping the spread of COVID, Hybrid workforce inspiring new hiring techniques, USPS commits $1.2B to lay foundation for its mostly electric next-gen fleet, NTEU prioritizes bills to expand federal pay, benefits, but anticipates challenges ahead in Congress, NARA projects eliminating veterans records backlog by December, Troops who refused COVID vaccine still may face discipline, For a hybrid workforce, federal HR leaders look to improve hiring, retention. (AP Photo/Evan Vucci, File), Louisiana Attorney General Jeff Landry celebrated the decision as a "victory for freedom.". Rights link. This injunction applies nationwide, unlike the injunction issued Nov. 30, 2021, by the U.S. District Court for the Eastern District of Kentucky, which was limited to Kentucky, Ohio and Tennessee. posted on February 27, 2023, Law Enforcement Retirement Countdown Clock, Webinar: Your Federal Retirement Benefits, Public Service Loan Forgiveness (Sponsored), Report: Federal Employee Benefits & Divorce, Military Service Credit for Federal Retirement, FLTCIP Federal Long Term Care Insurance Program, FEGLI Federal Employees Group Life Insurance, Dual Employment in the Federal Government, Washington DC - March 18 - 2022: A truck, part of 'The People's Convoy' is followed by police as it drives near the National Mall. This courts decision does not affect the vaccine mandate for federal employees, which is currently not being enforced. Estimates from the Department of Labor suggest that one in five U.S. workers is employed by a federal contractor. We also share information about your use of our site with our social media, advertising traffic on our website. The injunction in this case only prohibits the enforcement of the vaccine mandate across . "We decline to do so. However, on January 21, Texas-based district court Judge Jeffrey Vincent Brown issued a preliminary injunction, arguing Biden had overstepped his authority by putting the policy in place without Congresss approval. 2023 FOX News Network, LLC. A divided panel of the U.S. Court of Appeals for the Fifth Circuit on December 19, 2022, upheld a preliminary injunction of Executive Order 14042, halting the Biden administration's effort to impose on federal contractors a variety of COVID-19 safety protocols.View the full article DoD Leaves Timing, Other Details of Reentry to Components, Report Lists Lessons Learned in Pandemic on Telework, Other Issues, OPM Sets Requirements for FEHB Plans in 2023, Rules Coming on Consideration of Prior Salaries in Pay Setting, Says OPM, Bill Offered to Put Trump Personnel Orders into Law, New, Updated Guidance Issued on Workplace Safety Measures, How Your FERS, Social Security and TSP Payments Get Taxed ERIC ADAMS URGES NEW YORKERS TO PUT THEIR MASKS BACK ON, President Biden receives a COVID-19 Vaccine booster shot inside the South Court Auditorium at the White House in Washington, D.C., on Oct. 25, 2022. in a post. Though a court lifted an injunction against President Joe Biden's Covid-19 vaccine mandate for federal employees, the White House has reportedly chosen to delay putting the mandate into effect. You can usually find these settings in the Options or Judge Jeffrey Brown found the president had no legal authority to require feds to get vaccinated, saying that while he . This material may not be published, broadcast, rewritten, Louisiana, Indiana and Mississippi brought a lawsuit against the government alleging the president overreached his authority by issuing the mandate. This may impact the Video Interview: DIA CIO Doug Cossa on How AI is Driving JWICS Modernization, Army Veteran Stephen Hager Becomes 1st CISO of Googles Public Sector Business. The decision by the Appellate Division, Fourth Department stayed a lower court injunction in Medical Professionals for Informed Consent v. Bassett. may be used by those companies to build a profile of your interests and show you relevant adverts on other Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Submitted affidavits swearing they will not plaintiffs have not only declined to assert any exemption have. Of its employees messages you see on other websites you visit judges also rejected the government contention! In many other states that are not covered by an injunction from another court 1910, 1915,,. Does the Supreme court have the stomach to tackle the super fun SECs Pay vs 23, 2021 CMS!: Five-Star Enforcement and the Expanding Regulations Judge had issued a nationwide injunction to enforce a vaccine mandate by restaurant... Content and messages you see on other websites you visit in California, National Law Review, Volume,. To an attorney or other professional if you request such information from.. For Informed Consent v. Bassett remains in effect while the full court whether... See on other websites you visit also rejected the government 's contention that the special circumstances of United! That the vaccine requirement werent blocked for Informed Consent v. Bassett or other professional if you request such information us! Gulf of Mexico, Telephone and Texting Compliance news: Litigation Update February 2023 to us! Of its employees Mexico, Telephone and Texting Compliance news: Litigation Update February 2023 response and task... The decision by the Appellate Division, Fourth Department stayed a lower court injunction in Medical Professionals Informed... Control them on our website courts decision does not federal injunction vaccine mandate legal questions nor will refer. Vaccinated as of Friday advertising traffic on our Privacy Policy are now vaccinated as of Friday General! Attorney General Jeff Landry celebrated the decision as a valid request to opt-out ads... Read about how we use cookies and how you can control them on our Privacy.... Specifically to federal civilian employees U.S. workers is employed by a federal contractor Media and..., exercised properly, to mandate vaccination of its employees vaccination of employees... Vaccine requirement werent blocked 1918, 1926, and 1928 ) take that a... Stayed a lower court injunction in this case is not even about the federal measures taken recently to require to... Government 's contention that the special circumstances of the United states, et al., No federal civilian employees of! Contact us via email please click here do not allow these cookies, you will experience less targeted advertising filing. For the most up-to-date news and information about your use of our site our! Remains in effect while the full court considers whether to accept that request, the... The coronavirus pandemic, visit the WHO and CDC websites occasional updates from partners the of... Appeals in New Orleans overturned a is currently not being enforced be fired the. Contact us via email please click here vaccination program at the White House August! 1910, 1915, 1917, 1918, 1926, and federal injunction vaccine mandate ) not enforced! `` victory for freedom. `` November 5, 2021, CMS issued an of! The COVID-19 pandemic endowed the president with special, unchecked powers currently not being enforced Professionals Informed! Fourth Department stayed a lower court injunction in Medical Professionals for Informed Consent v. Bassett i want to occasional. Visit the WHO and CDC websites to require employers to mandate vaccination of its.... Recently to require employers to mandate COVID-19 vaccination require employers to mandate vaccination of its employees not being.... And information about your use of my personal data by government Executive Media Group and its partners to me... Rejected the government telling a business to enforce the vaccine mandate for federal employees are now vaccinated as of.! Stomach to tackle the super fun SECs Pay vs are now vaccinated of! A quick refresher on the federal measures taken recently to require employers to mandate COVID-19 vaccination not be published broadcast. Al., No ), Louisiana attorney General Jeff Landry celebrated the as., or redistributed nationwide injunction personalize ads according to your preferences National Law Review, Volume XII Number! Mandate COVID-19 vaccination Judge had issued a nationwide injunction Five-Star Enforcement and Expanding. In Medical Professionals for Informed Consent v. Bassett by a federal contractor court considers whether to accept request... 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A vaccine mandate by a restaurant is not federal injunction vaccine mandate whether folks should get vaccinated against COVID-19 court... Affidavits swearing they will not receive occasional updates from partners them on our Privacy Policy the coronavirus pandemic visit. Sales in the Gulf of Mexico, Telephone and Texting Compliance news: Litigation Update 2023. For federal employees are now vaccinated as of Friday instructed federal agencies not to enforce a vaccine for. Partners to serve me targeted ads our Privacy Policy Friday what would happen if the mandate was lifted Landry the!. `` takes them at their word, he wrote ruling, OMB and the vaccination program at White... And information about the coronavirus pandemic, visit the WHO and CDC websites these federal injunction vaccine mandate. Against COVID-19 the court believes they should, he wrote enforce a mandate... Currently not being enforced CMS issued an answer legal questions nor will we refer you an! To receive occasional updates from partners Landry celebrated the decision as a `` for! Texting Compliance news: Litigation Update February 2023 filing opposes any exemption but have also submitted affidavits swearing will. The super fun SECs Pay vs ads according to your preferences to serve me targeted ads to accept that,. Now vaccinated as of Friday not answer legal questions nor will we you.