School districts win case in Arlington Cnty vs. Gov. EO re: mask mandates

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02/04/2022 22:37

Subject: Re:School districts win case in Arlington Cnty vs. Gov. EO re: mask mandates

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Anonymous wrote:"injuction until legal process plays out"....so who did this arlington judge punt to? being a woman myself I wish she had the balls to rule on this -even if I was in disagreement..wimpy lib

She didn’t punt to anyone. This hearing was about the motions for temporary injunction filed by both sides. As the name would suggest, it is a temporary measure put into place while the parties fully litigate the issue. The ruling is based in part of a finding that the school systems are likely to prevail in the end, but less as he’s open the possibility that once the parties have had a chance to fully brief the issues, the ultimate outcome could be different.

The judge did exactly what she was supposed to do. You just don’t understand the legal process.

OK fair enough, so in what Court will the legal process play out? what is the next step?

The case stays in the same court and the regular process in the legal system will play out—discovery, motions, trial, etc.

A temporary injunction means the status quo (in this case mask mandates in these local districts) stays in place while the case reaches a final conclusion.

Often when a party loses at the preliminary injunction stage, that is a preview to the fact that they may ultimately have a losing argument and could end up settling. Not sure exactly what that would look like or what Youngkin’s next move will be.

Says a lot that one of his first acts in office was already struck down by the courts this quickly.

thanks!
The Arlington Court needs to act fast though, they cant keep the temp injuction for months as the GOV will want it moved to the next higher court for an appeal -correct?

Nope. It will take as long as it takes. And the TRO will remain in place while it does. It’s why we have TROs. Because sometimes it takes a year or two to get through discovery and to a decision.

In federal courts, TROs are not typically appealable, but PIs are. This is a TRO in state court. Does anyone know whether this is immediately appealable? There aren’t really any factual disputes, so I would imagine an appeal would provide for the most expeditious resolution one way or another, but I don’t know the state court procedure here. Can any Virginia procedural folks chime in?

I think it is appealable, but I am not certain about that. Even if it is appealed, though, the appeal would not resolve the underlying issue of the validity of EO on the merits. It would only be evaluating whether the TRO was properly granted based on the standard for a TRO. Yes, a TRO considers likelihood of success on the merits, but it isn’t actually a merits ruling so the case would still end up remanded for a ruling by the circuit court judge on the actual merits.