Judge blocks DeSantis from banning school mask mandates

The Hill ^ | August 27, 2021 | NATHANIEL WEIXEL

[conservative98]

School districts in Florida will be allowed to impose mask requirements after a district judge on Friday blocked an executive order from Florida Gov. Ron DeSantis (R) banning the mandates.

Leon County Circuit Judge John Cooper ruled in favor of a group of parents who sued DeSantis over his executive order, arguing it was unconstitutional. He ruled the order is "without legal authority" and is by definition "arbitrary" and "capricious."

Cooper issued an injunction stopping the Department of Education from taking any action against local districts that require masks in schools without a parental opt-out.

Cooper said the state's new "Parents' Bill of Rights" does not allow the governor or the Department of Education to prohibit school districts from mandating masks.

"The law expressly permits school boards to adopt policies regarding the health care of students, such as a mask mandate, even if a parent disagrees," Cooper said. "Parents' rights are very important, but they are not without some reasonable limitations."

DeSantis previously said he would appeal if the ruling was not in his favor.

[sergeantdave]

So, according to this Nazi judge, parents can veto a governor’s decision. Cool. So if parents decide that this pig judge should be hanged from a lamppost, that’s okay.

[Cboldt]

Law is an industry. It started out on a good foot, but is now infested with outcome-oriented types who are arrogant.

There are enough precedents out there, in combination with rhetorical sleight of hand, to get whatever outcome a judge or panel of judges wants, including “not our job” if that’s what they want.

Very much like a house of cards at this point. But by and large, “institutional rot,” not much different from Congress which is working to merge the US with the inevitable “new world order,” or the legions of bureaucrats under the executive. It’s too big to control, plus has fundamental flaws.

Also by and large under liberal control for 50 years. I got my JD in 1998. Maybe 20% of the class was conservative. Admissions controls who gets in ... just saying, they like group think.

[Jacquerie]

<>There are enough precedents out there, in combination with rhetorical sleight of hand, to get whatever outcome a judge or panel of judges wants, including “not our job” if that’s what they want.<>

As I remember from a history class long ago, the Eastern Roman Emperor Justinian found much the same thing after 1,000 years of Roman precedent. He had a bunch of lawyers start over for a rewrite - The Justinian Code.

[GOPsterinMA]

I pinged BillyBoy in another thread with this. Applicable.

At this point, I believe ANY politician (including judges), from local whatever to POTUS is compromised and has been bought and sold many times.

[JulieRNR21]

Governor has announced that his legal team will appeal the ruling!

[Tolerance Sucks Rocks]

"The law expressly permits school boards to adopt policies regarding the health care of students, such as a mask mandate, even if a parent disagrees," Cooper said. "Parents' rights are very important, but they are not without some reasonable limitations."

So, are these "reasonable limitations" in Florida law, or did the judge in the Bleu County of Leon and his buddies in the Blue County of Gadsden pull this stuff out of their asses?

[jeffc]

I wonder if the “judge” would think it fine if DeSantis imposed a mask mandate on all Florida schools...