Virginia Supreme Court dismisses mandate EO on technical grounds

Anonymous
Anonymous wrote: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).


Conservative school districts should be signing on too. In a state that is both closely divided and largely composed of very red and very blue areas, no local government should view ceding power to the state government as a good thing.
Anonymous
The case was dismissed on a technicality (parents were seeking improper type of relief) and the court specifically states in the order that it does not make a finding on the legality of the EO. Of course, AG Miyares basically misstates the ruling in his press release. This article explains decently well.

https://www.13newsnow.com/amp/article/news/politics/supreme-court-virginia-chesapeake-parents-school-mask-lawsuit/291-6ab71c2c-283d-426e-ad0b-76d37034d202
Anonymous
Anonymous wrote:
Anonymous wrote: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).


Conservative school districts should be signing on too. In a state that is both closely divided and largely composed of very red and very blue areas, no local government should view ceding power to the state government as a good thing.


+100 this. I have been wondering about how many of the parents rabidly arguing for this have thought about the long term implications. I’m not against going mask optional in school, but I have a problem with the VA governor telling schools what to do. Sets a bad precedent.
Anonymous
Anonymous wrote: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.


+100
Anonymous
Anonymous wrote:
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.


By people who like big government?
Anonymous
Anonymous wrote:Details please. Did this just happen?



“ Breaking — Virginia Supreme Court sides with Governor Youngkin…
Posted by Kane on February 7, 2022 2:43 pm “
Anonymous
Anonymous wrote:The title of this thread is completely misleading as the VSC very clearly DID NOT side with Youngkin.


+1. The plaintiffs didn’t request proper relief. The VSC did not rule on the merits. Why can’t people read a few pages of opinions before spouting uneducated opinions?
Anonymous
Anonymous wrote:
Anonymous wrote:The title of this thread is completely misleading as the VSC very clearly DID NOT side with Youngkin.


+1. The plaintiffs didn’t request proper relief. The VSC did not rule on the merits. Why can’t people read a few pages of opinions before spouting uneducated opinions?


People misinterpret legal decisions all the time. The plaintiffs can refile.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The title of this thread is completely misleading as the VSC very clearly DID NOT side with Youngkin.


+1. The plaintiffs didn’t request proper relief. The VSC did not rule on the merits. Why can’t people read a few pages of opinions before spouting uneducated opinions?


People misinterpret legal decisions all the time. The plaintiffs can refile.


By the time that gets to the court . . .
Anonymous
Anonymous wrote:
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
Anonymous wrote:The case was dismissed on a technicality (parents were seeking improper type of relief) and the court specifically states in the order that it does not make a finding on the legality of the EO. Of course, AG Miyares basically misstates the ruling in his press release. This article explains decently well.

https://www.13newsnow.com/amp/article/news/politics/supreme-court-virginia-chesapeake-parents-school-mask-lawsuit/291-6ab71c2c-283d-426e-ad0b-76d37034d202

Another bangup job by Miyares’s comms department.
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!

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


It didn’t side with Youngkin. It went out of its way to declare it made no opinion on the merits. You’re a moron.
Anonymous
Anonymous wrote:
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.


Yea cuz the left never does this either …
Anonymous
Anonymous wrote:
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.


It isn’t, though. It remained Exhibit 1 of Youngkin’s breathtaking incompetence.
Anonymous
Anonymous wrote:
Anonymous wrote:
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.


It isn’t, though. It remained Exhibit 1 of Youngkin’s breathtaking incompetence.


Underwhelmed so far.
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