Virginia Supreme Court dismisses mandate EO on technical grounds

[Anonymous]

The court sided with Youngkin and rejected the petition, which was filed by a group of parents in Chesapeake.

Congratulations Governor Youngkin!

[ Edit by admin: Title changed to better reflect the facts ]

[Anonymous]

Details please. Did this just happen?

[Anonymous]

Anonymous wrote:The court sided with Youngkin and rejected the petition, which was filed by a group of parents in Chesapeake.

Congratulations Governor Youngkin!

+ 1,000,000! Y’all ain’t seen nothing yet. Enough lunacy already!

[Anonymous]

https://www.wavy.com/news/virginia/chesapeake-parents-lawsuit-over-youngkins-school-masking-order-dismissed-by-va-supreme-court/amp/

[Anonymous]

Ok so VASC dismissed parental lawsuit. What exactly does this mean? I’m afraid to get my hopes up. It sounds like good news

[Anonymous]

This is just throwing out the lawsuit. The executive order is still halted.

[Anonymous]

It means nothing at the moment. It was just procedural:
"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.”

To be more clear:
"The seven 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."

Basically, we are all exactly where we were 1 second before they rule. The EO is still on hold as this conti ues to move forward.

https://www.washingtonpost.com/education/2022/02/07/va-supreme-court-dismisses-lawsuit-against-youngkins-mask-optional-order/

[Anonymous]

This was not a ruling on the merits, just a ruling that the parents filed in the wrong court. It will get refiled in the state circuit court.

[Anonymous]

The title of this thread is completely misleading as the VSC very clearly DID NOT side with Youngkin.

[Anonymous]

Anonymous wrote:The title of this thread is completely misleading as the VSC very clearly DID NOT side with Youngkin.

So weird that someone would misinterpret data to support their own lopsided view of the world. It's like this has never happened on the right before.

[Anonymous]

OP, you are not an attorney, are you?

[Anonymous]

Anonymous wrote:This is just throwing out the lawsuit. The executive order is still halted.

The executive order is being cheered across the state. I know that’s what you meant to type.

[Anonymous]

Good.

[Anonymous]

How abut if they voluntarily dropped the matter and transitioned to 'masks optional'.

I'm sure there are many parents like me who voted for Terry McAuliffe but who are more than ready for this transition to happen.

[Anonymous]

Decision was only procedural. It also basically confirmed that SBs have authority to supervise their own schools districts, so SB could impose a mask requirement even if SB 1303 doesn't "require" them to mask. Consistent with other cases according deference to local SBs.

The SBs' case is much bigger than masks. It's about preserving their own authority, vested in them by the VA constitution. I bet that's why FCC, which had already voted to go mask optional on 2/14, signed on to the suit. This time a Gov's EO is about masks, but what will the next one cover? They (IMO rightfully) don't want to cede their authority and acquiesce to a political overreach like Youngkin's EO (and, once again for those in the back, Northam's EO was different because it was issued during a public health emergency so the executive had greater powers during that time).