The Supreme Court of Virginia dismissed a lawsuit from Chesapeake parents challenging Governor Glenn Youngkin’s school mask mandate opt-out order. The Monday opinion found procedural problems with the lawsuit, which in an unusual move was filed directly with the Supreme Court instead of a lower court. It also found that state law used to support rigid mask mandates allows school boards flexibility, but warned that it was not offering an opinion on the legality of Youngkin’s underlying Executive Order Two.
“By allowing school boards to follow the Centers for Disease Control and Prevention’s recommended COVID-19 mitigation strategies ‘to the maximum extent practicable,’ SB 1303 necessarily gives the boards a degree of discretion to modify or even forgo those strategies as
they deem appropriate for their individual circumstances,” the court wrote. “With respect to implementing policies on student masking, that discretion persists even if EO 2’s masking exemption provisions are unlawful.”