Va. Supreme Court Dismisses Lawsuit Against Youngkin's Mask-Optional Order On Technical Grounds: WP
Last edited Mon Feb 7, 2022, 09:00 PM - Edit history (1)
- Washington Post, Feb. 7, 2022, 2:33 PM. Ed.
The Va. Supreme Court has dismissed a parent lawsuit challenging Gov. Youngkin’s controversial mask-optional executive order- but the dismissal was on highly technical and procedural grounds and did not touch the merits of the case, leaving open questions about the order’s legality. A ruling by an Arington judge last week has put the order on hold in at least 7 school districts, as part of a separate lawsuit filed by the school boards for those districts that also aims to reverse the Republican governor’s mask-optional order. The order will remain on hold until that case is decided.
The 7 justices on the state Supreme Court dismissed the suit Monday, writing in a three-page opinion that it was impossible to request the relief the parent plaintiffs had sought- writs of mandamus and prohibition that would have prevented Youngkin and the Chesapeake School Board from declaring masks optional in school- because such writs were not applicable or issuable in this case.
But the justices took pains to make clear they were not ruling on the legality or viability of Youngkin’s mask-optional order. “By this dismissal,” they wrote in a footnote, “we offer no opinion on the legality of EO 2 [Youngkin’s mask-optional order] or any other issue pertaining to petitioners’ claims.” - More than half of Virginia school districts are defying Youngkin’s mask-optional order -
The Youngkin administration celebrated the ruling Monday, with Attorney General Jason S. Miyares (R) writing in a statement that the court’s ruling was “a victory for Virginia families.” Youngkin said in a statement that he was pleased by the dismissal. “We will continue to protect the rights of parents to make decisions regarding their child’s health, education, upbringing, and care,” he said...
More, https://www.washingtonpost.com/education/2022/02/07/va-supreme-court-dismisses-lawsuit-against-youngkins-mask-optional-order/
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- *VA Supreme Court Rules School Boards Can Make Masks Optional, Doesn’t Rule on Whether Youngkin Mask Executive Order Is Legal, By Blue Virginia - February 7, 2022
.. So, bottom line, per Sam Shirazi:
“School Boards can make masks optional
No word on whether Mask EO is legal
Lower court opinion allowing some school boards to still mandate masks still in place”
- More, https://bluevirginia.us/2022/02/va-supreme-court-rules-school-boards-can-make-masks-optional-doesnt-rule-on-whether-youngkin-mask-executive-order-is-legal
