Youngkin's mask mandate: Virginia judge weighs governors power to lift decree

us-regions state-and-local Glenn Youngkin has broad power to issue executive orders overturning mask mandates in education” target=”_blank”>schools< governor that not only overturns a statewide mask mandate, but also bars local jurisdictions from imposing a mandate on students.

Virginia Gov. Glenn Youngkin, center, signs executive orders in the Governor's conference room as Lt. Gov. Winsome Earle-Sears, left, Suzanne Youngkin, second from left, Attorney General Jason Miyares, second from right, and Secretary of the Commonwealth, Kay Cole James, right, look on at the Capitol Saturday Jan. 15, 2022, in Richmond, Virginia. 

Virginia Gov. Glenn Youngkin, center, signs executive orders in the Governor’s conference room as Lt. Gov. Winsome Earle-Sears, left, Suzanne Youngkin, second from left, Attorney General Jason Miyares, second from right, and Secretary of the Commonwealth, Kay Cole James, right, look on at the Capitol Saturday Jan. 15, 2022, in Richmond, Virginia. 
(AP Photo/Steve Helber, File)

VA CIRCUIT JUDGE ON SCHOOLS MASK MANDATE: ‘IT’S ABOUT THE HIERARCHY OF AUTHORITY’

At Wednesday’s hearing, Deputy Attorney General Steven Popps argued that Youngkin is entitled to issue executive orders responding to the infectious-disease just as his predecessor, house-of-representatives ralph-northam” target=”_blank”>Ralph Northam<

“The personal-choice rationale comes at the expense of schoolwide protection,” Cafferky said.

Cafferky also cited a state law that requires schools to adhere to guidelines from the Centers for infectious-disease” target=”_blank”>Disease<

Circuit Court Judge Louise DiMatteo took the arguments under advisement after Wednesday’s hearing, but said she is cognizant of the need for a swift decision. Both sides have asked for an injunction that would likely apply statewide, either barring implementation of Youngkin’s order or requiring local school boards to implement it, depending on which way she rules.

The lawsuit is one of several across the state related to the mask mandate and Youngkin’s executive order. Cases are also pending in Loudoun County and in front of the Virginia Supreme Court, but Wednesday’s hearing was the first to go before a judge.

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