Posted on Jul 13, 2023
Missouri Supreme Court will decide if counties can appeal ruling striking down COVID orders
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After a Cole County judge invalidated the health powers of local governments in 2021, then-attorney general Eric Schmitt decided not to appeal the case. Local governments, who had used their authority to issue pandemic restrictions such as mask mandates, want the right to defend them in court.
The Missouri Supreme Court is considering a case that sharply curtailed the authority of local health officials to address public health emergencies.
The high court heard arguments in the case Wednesday, most of which focused on the right of local governments to appeal the case, even though they were not a party to the initial lawsuit. The court will issue its ruling at a later date.
In December 2020, a group of St. Louis County residents and business owners upset with local COVID-19-related restrictions sued the Missouri Department of Health and Senior Services. They alleged the state regulations that the county was using to issue those restrictions were invalid.
The Missouri Supreme Court is considering a case that sharply curtailed the authority of local health officials to address public health emergencies.
The high court heard arguments in the case Wednesday, most of which focused on the right of local governments to appeal the case, even though they were not a party to the initial lawsuit. The court will issue its ruling at a later date.
In December 2020, a group of St. Louis County residents and business owners upset with local COVID-19-related restrictions sued the Missouri Department of Health and Senior Services. They alleged the state regulations that the county was using to issue those restrictions were invalid.
Missouri Supreme Court will decide if counties can appeal ruling striking down COVID orders
Posted from kcur.org
Health
Medical
Regulation
St. Louis
Posted 10 mo ago
Responses: 2
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PO1 William "Chip" Nagel
..."While Perryman argued the counties have a right to intervene because of the state's interest in maintaining the health and safety of the public during a global pandemic, but Robinson's attorney, Kimberly Mathis, disagreed.
"This court has repeatedly said, in those circumstances, intervening to appeal a judgement because you're unhappy with the judgement or you're unhappy with the consent judgement or unhappy with a settlement is not permitted," Mathis said.
Although the hearing concluded, the Supreme Court's ruling of the appeal will not be decided for several weeks. "
..."While Perryman argued the counties have a right to intervene because of the state's interest in maintaining the health and safety of the public during a global pandemic, but Robinson's attorney, Kimberly Mathis, disagreed.
"This court has repeatedly said, in those circumstances, intervening to appeal a judgement because you're unhappy with the judgement or you're unhappy with the consent judgement or unhappy with a settlement is not permitted," Mathis said.
Although the hearing concluded, the Supreme Court's ruling of the appeal will not be decided for several weeks. "
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This will be interesting to see. Somehow I suspect this one will go higher
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