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Arizona judge rules school mask mandate ban unconstitutional
FOX 10 Staff and Associated Press ^

Posted on 09/27/2021 3:21:20 PM PDT by zaxtres

click here to read article


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The ruling is on the website.
1 posted on 09/27/2021 3:21:20 PM PDT by zaxtres
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To: zaxtres

Those lawyers learn to be gods in law school.


2 posted on 09/27/2021 3:23:19 PM PDT by blueunicorn6 ("A crack shot and a good dancer”)
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To: zaxtres

Ignore the judge.
The dems would.


3 posted on 09/27/2021 3:26:01 PM PDT by Darksheare (Those who support liberal "Republicans" summarily support every action by same. )
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To: zaxtres

Judge Katherine Cooper is the former Governor Jan Brewer appointee. The only derogatory thing I could find about her was about a sex offender, and her boyfriend at the time, being arrested in her home. She disavowed all knowledge of knowing he was a sex offender as the warrant was from NY and not from AZ. Most lawyers on both sides have praised her rulings. She received praise and anger from Brwer within a 6-month time span. Cooper has adjudicated over a lot of the hottest political cases in AZ since 2015..


4 posted on 09/27/2021 3:26:21 PM PDT by zaxtres (`)
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To: zaxtres

What is unconstitutional is forcing someone to wear them. Evil communist Judge was put in place for a reason.


5 posted on 09/27/2021 3:26:35 PM PDT by Revel
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To: zaxtres

The courts will not save us.

Period.


6 posted on 09/27/2021 3:27:16 PM PDT by cld51860 (We’re doomed.)
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To: cld51860
I heard a rumor somewhere that PDJT had appointed a coupla judges here and there.

Perhaps I’m mistaken.

7 posted on 09/27/2021 3:30:05 PM PDT by daler
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To: blueunicorn6

Check Judge Katherine Cooper’s bank accounts for any new, large sum deposits.


8 posted on 09/27/2021 3:30:25 PM PDT by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
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Comment #9 Removed by Moderator

To: Darksheare

Masks do not do xshit. No masks better for you.


10 posted on 09/27/2021 3:30:31 PM PDT by Boardwalk
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To: zaxtres

Whenever there are so many negatives in a headline I get confused but ‘mask mandate’ ‘ban’ followed by ‘unconstitutional’ and I had no idea which way it went till I read the article. Is that just me?


11 posted on 09/27/2021 3:31:26 PM PDT by Beowulf9
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To: zaxtres

Isn’t that legislating from the bench?

State Legislatures set up the laws, and the court makes sure
people abide by them.

It can enter into the discussion if civil rights are being
abridged, but this is not that sort of matter.

What they passed or were seeking to pass, was in their
wheel-house. It’s really not his call.


12 posted on 09/27/2021 3:33:26 PM PDT by DoughtyOne (Biden = Green Light to > China, N. K., Russia, M/E Terrorists, FBI, CDC, MSM, & the Left...)
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To: zaxtres

Masks are worthless. Not only that but childhood is a good time to catch the China Virus. In their case it rarely is an issue and getting over it would give them life long immunity better than any jab.


13 posted on 09/27/2021 3:35:05 PM PDT by Nateman (If the Left is not screaming , you are doing it wrong.)
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To: Betty Jane

Totally agree- protest and protest loudly outside their homes...fight fire with fire by using left wing tactics.


14 posted on 09/27/2021 3:35:13 PM PDT by God luvs America (63.5 million pay no income tax and vote for DemoKrats...)
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To: zaxtres

Satan is waging all out war on America. His minions are firmly embedded in positions of influence, authority, and power. What better way to rule the country than through the husk of a demented, career liar, pliagiarist, crook, pedophile, and rapist. Biden’s hollow, black, beady eyes are no accident.


15 posted on 09/27/2021 3:40:02 PM PDT by twister881
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To: zaxtres

THE FOLLOWING IS THE REASON THE JUDGE SAYS THE MEASURES ARE UNCONSTITUTIONAL:

Section 13
Text of Section 13:
Subject and Title of Bills

“ Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title.[1][2] ”


16 posted on 09/27/2021 3:40:57 PM PDT by House Atreides
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To: Boardwalk

Exactly.
The same judge that thinks banning mask mandates is unconstitutional probably believes mandating the jab is okay.


17 posted on 09/27/2021 3:43:21 PM PDT by Darksheare (Those who support liberal "Republicans" summarily support every action by same. )
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To: Beowulf9

Nope, I’m on the same page. Bit confusing.


18 posted on 09/27/2021 3:44:48 PM PDT by SrgMcLeod999 (Nam is back now, grateful to all Buddhas and Bodhisattvas fer that.)
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To: zaxtres

As an actual lawyer for 30 years, this is gobbledygook. The “Article this, statute that, subsection this” legal language is intentionally done to obscure what is really going on.

Law is logical [for the most part] and this isn’t complicated. The judge here is saying the legislature, which governs the school system, is ‘powerless’ to stop schools from compelling masks. Same legislature that has full and unquestioned authority to require vaccines, require attendance, sets grad reqm’ts, student eligibility, etc. Judge is saying a Legislature that has authority to REQUIRE vaccines can’t prohibit the same. Complete garbage opinion written with an outcome in mind and searching for a ‘hook’ to make it sound legal. Sad to say I see this often in court.

This law did not “ban masks”. Judge is saying schooling can be denied UNLESS you wear a mask. This law prevents compelled masking / vax to attend school - a constitutionally protected activity. Anyone can wear a mask if they want. Language matters and this ruling is garbage.


19 posted on 09/27/2021 3:49:33 PM PDT by TonyinLA ( I don't have sufficient information to make an informed opinion said no lefty ever.)
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To: Nateman

Masks are also fomites.

And there other bugs in addition to CoupFlu put there.


20 posted on 09/27/2021 3:54:19 PM PDT by mewzilla (Those aren't masks. They're muzzles. )
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