Posted on May 31, 2023
Judge rules Attorney General lacked authority to order Missouri schools to drop mask rules
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Posted 6 mo ago
Responses: 2
SFC John D.
PO1 William "Chip" Nagel - Agree it was an overstep telling the school districts they can't put in mask mandates at the local level.
However, if your premise is that it was done for Republican Votes, then I assume all those COVID mandates that were put in place by the Democrat politicians that later were found to be illegal/unconstitutional were done only for Democrat Votes, right? After all, they ignored the state law and the state constitution.
https://www.cbsnews.com/newyork/news/new-york-state-supreme-court-strikes-down-gov-kathy-hochuls-mask-mandate/
https://michiganlcv.org/cases/court-declares-gov-whitmers-covid-emergency-powers-unconstitutional/
https://www.seyfarth.com/news-insights/Federal-Judge-Rules-PA-COVID-Shutdown-Orders-Unconstitutional-Governor-Plans-to-Appeal.html
https://www.jsonline.com/story/news/politics/2020/05/13/wisconsin-supreme-court-strikes-down-tony-evers-coronavirus-orders/ [login to see] /
https://www.politico.com/news/2021/08/21/kentucky-supreme-court-gov-beshear-506499
and so on..
However, if your premise is that it was done for Republican Votes, then I assume all those COVID mandates that were put in place by the Democrat politicians that later were found to be illegal/unconstitutional were done only for Democrat Votes, right? After all, they ignored the state law and the state constitution.
https://www.cbsnews.com/newyork/news/new-york-state-supreme-court-strikes-down-gov-kathy-hochuls-mask-mandate/
https://michiganlcv.org/cases/court-declares-gov-whitmers-covid-emergency-powers-unconstitutional/
https://www.seyfarth.com/news-insights/Federal-Judge-Rules-PA-COVID-Shutdown-Orders-Unconstitutional-Governor-Plans-to-Appeal.html
https://www.jsonline.com/story/news/politics/2020/05/13/wisconsin-supreme-court-strikes-down-tony-evers-coronavirus-orders/ [login to see] /
https://www.politico.com/news/2021/08/21/kentucky-supreme-court-gov-beshear-506499
and so on..
New York State Supreme Court Strikes Down Gov. Kathy Hochul's Mask Mandate
Dr. Anthony Fauci, the nation's leading infectious disease expert, said Monday that Omicron variant infections in the U.S. could peak by mid-February.
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PO1 William "Chip" Nagel
..."In telling schools to drop their mask mandates, Schmitt relied on a Cole County judge’s decision that a Missouri law enabling local health departments to issue public health orders was unconstitutional. Roldan, the judge, said in his ruling that no school districts were involved in that case so the judgment did not apply to their public health decisions.
Roldan wrote that some parents followed Schmitt’s orders by notifying the Lee’s Summit School District that they would send their children to school without masks, “leading to even greater confusion than the pandemic had already caused.”
Joe Hatley, an attorney for the Lee’s Summit School District, said the district’s board of education felt the orders led people to believe the attorney general had authority that rests with the school board.
The ruling states that the former attorney general’s orders would have prohibited school districts from excluding students from school who were liable to transmit an infectious disease of any kind.
“Even though COVID-19 may have waned somewhat, there are infectious disease outbreaks all the time. You could have kids coming down with mumps, measles, whatever, that would be infectious,” Hatley said. “And the order established the right of the school board to exclude students from school while they are contagious, which is what state law allows.”
..."In telling schools to drop their mask mandates, Schmitt relied on a Cole County judge’s decision that a Missouri law enabling local health departments to issue public health orders was unconstitutional. Roldan, the judge, said in his ruling that no school districts were involved in that case so the judgment did not apply to their public health decisions.
Roldan wrote that some parents followed Schmitt’s orders by notifying the Lee’s Summit School District that they would send their children to school without masks, “leading to even greater confusion than the pandemic had already caused.”
Joe Hatley, an attorney for the Lee’s Summit School District, said the district’s board of education felt the orders led people to believe the attorney general had authority that rests with the school board.
The ruling states that the former attorney general’s orders would have prohibited school districts from excluding students from school who were liable to transmit an infectious disease of any kind.
“Even though COVID-19 may have waned somewhat, there are infectious disease outbreaks all the time. You could have kids coming down with mumps, measles, whatever, that would be infectious,” Hatley said. “And the order established the right of the school board to exclude students from school while they are contagious, which is what state law allows.”
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