A Virginia judge on Friday blocked Virginia Governor Glenn Youngkin’s (R) executive order giving parents the power to decide whether their children wear masks in schools or not.
Arlington Circuit Court Judge Louise DiMatteo ruled in favor of seven school boards that filed a lawsuit challenging the governor’s order, one of the first actions Youngkin took after his inauguration on January 15, according to WTVR.com.
Judge DiMatteo wrote that while Youngkin had been given wide authority to address a state emergency, he did not have the authority to overrule decisions made by school boards under a state law requiring them to adhere to COVID-19 guidelines from the Centers for Disease Control and Prevention (CDC).
“On this pivotal point, the Court concludes that the Governor cannot” override local school officials, the judge wrote in her ruling.
The judge’s ruling came down two days after the sides made their arguments in the Arlington County Court.
On Wednesday, Richmond City School District and six other school boards – Alexandria, Falls Church, Hampton, and the counties of Fairfax, Prince William, and Arlington – filed a lawsuit claiming they have authority under the state constitution, as well as under a law Gov. Ralph Northam signed last year to require public schools to provide in-person instruction while following federal COVID-19 guidelines “to the maximum extent practicable,” according to Digital Journal.
A matter of precedence
University of Richmond Law professor Jack Preis said that the judge’s decision boiled down to an issue of precedence, pointing out that both local school boards and the governor have been granted powers by the General Assembly that allow governors to issue orders in a time of emergency.
The school boards base their arguments on the Constitution of Virginia and Senate Bill 1303 which requires all school districts in Virginia to implement COVID-19 mitigation strategies as provided by the CDC.
The school districts argued that their power was undermined by Youngkin’s executive order. Preis said it was up to the judge to resolve the conflicting powers.
“And so in this case, the more specific statute seems to be the one in the court’s view that the legislature cared about with regard to the specific issue of masks in schools, or at least with a specific issue of CDC guidelines in schools,” Preis said.
Keep in mind that according to Preis, the ruling only affects the seven school boards and doesn’t have any impact on schools that were not involved in the lawsuit and it won’t require those that have gotten rid of mask mandates to reinstate them.
A spokeswoman for Attorney General Jason Miyares said he will appeal the ruling. The lawsuit is one of several related to Youngkin’s executive order, reports The Hill.
