The Virginia Supreme Court rejected a challenge to Gov. Glenn Youngkin’s executive order allowing parents to opt out of school mask mandates Monday, handing the governor a major legal victory.
The court’s ruling dismissed a lawsuit filed by a group of parents in Chesapeake, Virginia, who had sued the governor over his Day One executive order allowing parents to opt their children out of school mask mandates, saying the governor was obligated by state law to mandate them. The court ruled Youngkin had no obligation to mandate masks in schools and therefore could not be sued.
“We dismiss the petition because the relief requested does not lie against any of the respondents,” the court wrote in its ruling. “Absent an explicit command that Governor Youngkin take definite positive action in conformity with a mandatory and ministerial duty, mandamus cannot control or restrict his effort to influence school masking requirements, even if such effort is unlawful.”
JUDGE TEMPORARILY BLOCKS YOUNGKIN ORDER AGAINST VIRGINIA SCHOOL MASK MANDATES
In a tweet, Youngkin praised the court’s decision, saying he was “pleased by the dismissal,” adding, “We will continue to protect the rights of parents to make decisions regarding their child’s health, education, upbringing, and care.”
We are pleased by the dismissal. We will continue to protect the rights of parents to make decisions regarding their child’s health, education, upbringing, and care. https://t.co/OK4tbBsl6I
— Governor Glenn Youngkin (@GovernorVA) February 7, 2022
Youngkin noted the governors in New Jersey and Delaware had both announced they would be removing school mask mandates in March.
“To be clear, this is not about pro-mask vs. anti-mask, but rather parents making decisions about what’s best for their child’s health,” Youngkin said. “And we are pleased to see that other states, including New Jersey and Delaware, are following our reasoning and a path to normalcy.”
To be clear, this is not about pro-mask vs. anti-mask, but rather parents making decisions about what’s best for their child’s health. And we are pleased to see that other states, including New Jersey and Delaware, are following our reasoning and a path to normalcy.
— Governor Glenn Youngkin (@GovernorVA) February 7, 2022
Virginia attorney general Jason Miyares also celebrated the ruling, noting in a press release that the commonwealth now has “better risk mitigation strategies and vaccines.”
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The ruling did not address the merits of the order, and litigation is expected to continue. An Arlington judge issued a temporary restraining order Friday against the executive order at the request of seven school districts that had sued to maintain their mask mandates.
