The seven-member Arizona State Supreme Court, which includes five Doug Ducey nominees, took about two hours after hearing oral arguments to deny Republican legislative attempts to enact provisions of budget bills that would have:
- Denied school districts, cities, and county governments, the right to institute COVID 19 related mask mandates.
- Taken away power from the Arizona Secretary of State with regards to elections.
- Dictated the type of paper used on ballots.
- Placed restrictions on discussions about race in school.
Governor Doug Ducey’s office issued a statement that read:
“This was a hearing about the legislative process. We are extremely disappointed in the ruling. There are three separate co-equal branches of government, and we respect the role of the judiciary — but the court should give the same respect to the separate authority of the legislature.
As it relates to the provisions protecting Arizonans from burdensome mandates, we believe every Arizonan should have the ability to make their own health decisions with the guidance of their doctor, not because of some government mandate.”
Reaction from the World of Reality, Public Safety, and Voter Encouragement.
It did not take long for the voices of reason to champion the Arizona Supreme Court Ruling.
The Phoenix Union High School District issued a statement saluting the courts ruling:
“Phoenix Union is grateful for the Arizona Supreme Court’s ruling this afternoon. Arizona’s classrooms are now safer places for students and educators. School systems with a mask requirement are 3.5 times less likely to have a COVID-19 outbreak. The safety of all staff, students, and families must be the top priority of local and state leaders. We will continue to enforce our mask requirement and provide widespread access to the vaccine, including the soon-to-be-approved Pfizer pediatric formula, at all PXU large campuses weekly.”
Joe Thomas, the head of the Arizona Education Association, also released a statement which read:
“Today’s Arizona Supreme Court ruling is a victory for our students, educators, and parents. This ruling puts the power of local control and decision-making back in the hands of our communities. Now, our elected school boards can make decisions based on local conditions in determining whether to have a mask requirement to keep their students and school staff safe.”
“We know the majority of parents and our educators support our school leaders doing everything they can to keep our students and staff safe and healthy. We’re seeing more and more school districts taking steps to protect their students and communities. Today’s ruling ensures they won’t have to break the law to implement common-sense protections for our students. We urge lawmakers to listen to their constituents and make the right decision by accepting this ruling to ensure our classrooms and campuses are safe so we can keep our students learning in our classrooms.”
Arizona Superintendent of Public Instruction Kathy Hoffman posted on social media that GOP lawmakers violated the constitution:
Today, the Arizona Supreme Court affirmed Maricopa Superior Court's ruling. My previous statement also stands: https://t.co/R4TnRN2goc
— Kathy Hoffman (@Supt_Hoffman) November 2, 2021
Tucson Mayor Regina Romero has been in a legal war with Governor Ducey and the Arizona Attorney General’s office over mask and vaccine mandates. She stated that the state legislature’s action was “legally meaningless, void, and unenforceable.”
“Today’s unanimous ruling by the Arizona Supreme Court re-affirms that Governor Ducey and the State Legislatures’ attempts to thwart our Constitution and obstruct science-based public health measures – including the City of Tucson’s vaccine policy for city workers – are legally meaningless, void, and unenforceable. This ruling should serve as a reminder to both Governor Ducey and our State Legislature that they are not above the Arizona Constitution.”
“Now that the legal issues have been resolved, I hope we can all focus our attention towards ensuring every eligible Arizonan is vaccinated. This must be our top priority so that we can continue our economic recovery and keep our communities healthy.”
House Democratic Leader and Secretary of State Candidate Reginald Bolding put out a statement from the Arizona State Legislature, relaying:
“A huge win for Arizona students and voters. This is also a win for the legislative process. It was never appropriate for the Speaker and Senate President to load up the budget with un-related and controversial policy items to mollify certain extreme members and avoid negotiating a bi-partisan budget. The bottom line is Arizona public school students, teachers, and staff will be better protected from COVID-19 because school boards can take necessary measures to protect them without politicized anti-science interference from the Governor and Republican lawmakers. A unanimous ruling from a Ducey-appointed Supreme Court is as strong a rebuke as we can imagine.”
David Lujan, a former Arizona Democratic Legislative leader and the current head of the Children’s Action Alliance, stated:
“It is a tremendous win for school districts because this decision will enable them to make decisions to keep their students and staff safe. It is also a really significant victory for the legislative process going forward. No longer will the legislature be able to logroll a bunch of unrelated policies that were unable to stand of their own into the budget as bargaining chips for a package that included huge tax cuts for the rich. Children’s Action Alliance is proud to be a plaintiff in the case.”
Gubernatorial Candidate Aaron Lieberman offered:
“I am pleased with the Arizona Supreme Court’s ruling today. School districts that decide to enforce mask requirements should have the ability to do so without overreach from the state government.
“Keeping our children safe should always be our first priority and today the students of Arizona schools are indeed safer. As Governor, I will always prioritize the health and well-being of our students, teachers, and school staff over partisan games.”
Attorney General Candidate Kris Mayes commented:
“As a parent and an attorney, I know that school boards have a responsibility to keep kids safe. I’m thankful the Supreme Court upheld the lower court’s decision. It’s outrageous that Governor Ducey and the legislature sold out our kids’ safety to score political points by trying to stop schools from mandating masks. When I am elected, we will have an Attorney General who will do the right thing for Arizona families.”
This is a great day for Arizona’s children, educators, voters, and the forces for public safety and democracy.
And five of Doug Ducey’s Supreme Court appointments helped make it happen.
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Alice through the looking glass. If we did break law by banning mandates, we won’t do it again, Arizona Legislature. But telling the Arizona Supreme Court that if they did break the law, the justices should let them get away with it one more time. Brnovich is telling the justices that no one ever told lawmakers they couldn’t approve disparate issues that way. But Brnovich wants the Arizona Supreme Court to let these provisions take effect with an admonition not to do it again. Who ever said Republican politicians thought that Arizona courts and citizens are just a dumb and stupid as they are?