The Virginia Supreme Court on Monday dismissed a lawsuit a group of parents brought against Governor Glenn Youngkin over his executive order making mask-wearing optional in schools.
Judges ruled that the group of Chesapeake parents had no grounds for the suit and that the court could not issue a writ of mandamus or ban the Chesapeake School Board from making masks optional.
The dismissal was based on technical and procedural grounds, not on the merits of the order.
The judges said a writ of prohibition did not apply because that generally applies to courts and a writ of mandamus did not apply because parents had not demonstrated a “clear and unequivocal duty” that Youngkin had failed to fulfill, according to WTOP News.
However, the court said in dismissing the case it offers “no opinion on the legality of [the executive order] or any other issue pertaining to petitioners’ claims.”
Virginia attorney general Jason Miyares celebrated the ruling on Monday, saying he and the governor are “pleased with today’s ruling,” which was a “victory for Virginia families.”
Youngkin on Monday vowed to “continue to protect the rights of parents to make decision regarding their child’s health, education, upbringing and care.”
The attorney representing the parents in Chesapeake said in a statement to the Washington Post that the case is “far from over.”
“So while the [Supreme Court of Virginia] has rejected the Chesapeake parents’ case on procedural grounds it has not decided whether EO2 is legal. This is far from over,” said attorney Kevin E. Martingayle.
Meanwhile, Youngkin’s order was put on hold in at least seven school districts last week by an Arlington judge after the school boards for those districts filed a separate lawsuit aiming to reverse the governor’s order. That hold will remain in place until the case is decided, according to the Washington Post.
Youngkin’s executive order on masking was one of seven order he signed on his first day in office last month.
“Executive Order Number Two delivers on his Day One promise to empower Virginia parents in their children’s education and upbringing by allowing parents to make decisions on whether their child wears a mask in school,” his office said at the time.
The repeal of the mask mandate immediately faced legal challenges by those who argued it contradicts a law passed by the state’s General Assembly requiring schools to take measures recommended by the CDC to prevent the spread of Covid-19.
Source: National Review
