SCOTUS Denies Challenge To Mask Mandate; State Lawsuits Are In Court Today

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The right-wing “savior” that Republicans were willing to destroy the U.S. Constitution in order to put her on the Supreme Court in a court packing just before the election (violating the “McConnell rule,” which is really “I can do whatever the hell I want when I am in charge“), Justice Amy Coney Barrett, let down the MAGA/QAnon anti-science, anti-vaxxer, anti-masker cult members on Thursday by actually upholding long-standing precedent for public health measures. Jacobson v. Massachussets (1905). Color me surprised after decisions earlier this year carving out exceptions for religious extremists who did not want to comply with Covid-19 safety protocols (distancing).

Amy Howe at SCOTUSblog reports, Barrett leaves Indiana University’s vaccine mandate in place:

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The Supreme Court will not interfere with Indiana University’s vaccine mandate. On Thursday evening, Justice Amy Coney Barrett turned down a request from a group of Indiana University students to block the school’s requirement that students be vaccinated against the virus. Barrett, who is responsible for emergency appeals from Indiana, denied the students’ request without comment, without seeking a response from the state, and without referring the request to the full court for a vote – suggesting that she and the other justices did not regard it as a particularly close case.

The case, Klaassen v. Trustees of Indiana University, was the first test of COVID-19 vaccine requirements to arrive at the Supreme Court. The rule at the center of the case, announced in May by the university, requires all faculty, students and staff to be vaccinated unless they qualify for a medical or religious exemption. Eight students went to federal court to challenge the constitutionality of the mandate, but on July 18 a federal district judge in Indiana rejected their request to block the mandate, and the U.S. Court of Appeals for the 7th Circuit declined to put the mandate on hold while the litigation continues.

The students came to the Supreme Court last week, asking the justices to act on the case by Friday, Aug. 13. On Thursday evening, the court announced that the students’ request had been denied. The court did not issue a separate order or provide any explanation; instead, the docket for the case only indicates that Barrett denied the application.

“Get outta here!”

I recently suggested that the rebel alliance of now ten Arizona school districts and Arizona’s universities (Thursday morning, Maricopa Community Colleges announced that they also are requiring masks to be worn indoors in all their facilities and offices) defying Gov. “Do Nothing” Doug Ducey and our MAGA/QAnon anti-science, anti-vaxxer, anti-masker cult member legislators should go on offense and join forces to sue the legislature over their recently passed law that will go into effect in September. Ask and you shall receive.

Unfortunately, this case is not in federal court, but in state court, where Gov. “Do Nothing” Doug Ducey has packed the state Supreme Court with Republicans who owe their position to him. Will they apply the law as Justice Amy Coney Barrett did, or will they demonstrate obeisance and fealty to the governor who gave them their job?

The related case brought by ethically challenged Trump “stop the steal” lawyers on behalf of an anti-masker client, Metro Tech High School teacher Douglas Hester against Phoenix Union School District, will be heard in court Friday. Phoenix Union mask mandate lawsuit heads to court Friday. Here’s what you should know:

The attorneys going head-to-head this week over a lawsuit challenging Phoenix Union High School District’s COVID-19 mask mandate have been on opposing sides of the 2020 election audit, a sign of how political the debate over masks is in Arizona.

Friday will be the first day of oral arguments in the lawsuit filed by Metro Tech High School teacher Douglas Hester against the district’s requirement that staff, students and visitors wear masks indoors — despite an Arizona law that bans mask mandates.

Hester’s attorney, Alex Kolodin, has represented the Cyber Ninjas, the group the Arizona Senate hired to review Maricopa County’s 2020 election results. He also has represented an Arizona lawmaker who may have been on the ground during the Jan. 6 Capitol riot.

Note: Kolodin is also seeking the Republican nomination for a seat in the Arizona House representing the Scottsdale area. Hell no! This guy should be disbarred for filing frivolous lawsuits.

Josh Bendor, the lawyer representing Phoenix Union, meanwhile, has represented Arizona Secretary of State Katie Hobbs in a lawsuit over the audit.

Hester, who teaches biology [maybe this fool should read some textbooks on epidemiology and virology], sued Phoenix Union High School District, its governing board and its superintendent in Maricopa County Superior Court. He alleges that Phoenix Union’s governing board lacks the legal authority to require masks.

Note: The measure was inserted into a budget bill and will not take effect until September 29 — the 91st day after the end of session — but GOP lawmakers and Gov. Ducey insist a retroactivity clause in the bill makes the ban retroactive to July 1. WRONG! Only an emergency bill can be retroactive, and this measure was passed in regular order, not as an emergency bill. It also violates the “singe subject rule,” but that’s a matter the court will address.

The district, meanwhile, has said it stands behind its decision to require masks, saying it remains “steadfast in our commitment to do all we can to protect our staff, students, families, and broader community.”

Eight red states have school mask mandate bans that are either in effect or have been temporarily suspended: Florida, Texas, Arizona, Oklahoma, Utah, Iowa, Arkansas and South Carolina

Arkansas’ mask mandate ban was temporarily struck down last week while the case moves forward.

Texas’ school mask mandate ban is suspended through Monday in Bexar and Dallas counties, pending further litigation.

Another legal challenge has been filed in Florida, Judge to weigh challenge to Ron DeSantis’ order making masks optional in schools (“A Leon County circuit judge has scheduled a hearing Friday in a lawsuit filed by parents challenging an executive order by Gov. Ron DeSantis that seeks to prevent school districts from requiring students to wear masks during the COVID-19 pandemic”).

The Tulsa, Oklahoma, school board voted to legally challenge the state over its ban on schools issuing mask mandates, it announced Wednesday night, making Oklahoma the fourth state now facing challenges against their mask mandate bans as a new school year begins amid the Covid-19 delta variant surge. (h/t Forbes).

Challenging these insane MAGA/QAnon cult members who want to sacrifice innocent children on the altar of their golden idol false god, DonaldTrump, is the only option at this point. Hopefully these courts will step up and enforce long-standing Supreme Court precedent.





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