Virginia Supreme Court Dismisses One of the Lawsuits Against Youngkin’s Mask Mandate Opt-Out Order

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.”

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After Virginia Supreme Court Disqualifies Republican Redistricting Nominees, Republicans Ask Court to Disqualify Democratic Nominees

The Supreme Court of Virginia rejected all three of Republicans nominees for special master to work with the Court for redistricting, noting that the nominees had conflicts of interest. The Court also rejected one of the Democratic nominees, noting that he might not be able to perform the job. The Court explained that it was taking the opportunity to more clearly define how it views special masters.

“This Court has not previously addressed the role and requirements for its Special Masters. It is appropriate to do so now,” the Court wrote Friday. “Although the Special Master candidates are to be nominated by legislative leaders of a particular political party, the nominees — upon being appointed by this Court as Special Masters — will serve as officers of the Court in a quasi-judicial capacity. Consequently, the Special Masters must be neutral and not act as advocates or representatives of any one political party.”

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Virginia Supreme Court Allows Charlottesville to Remove Lee and Jackson Statues

The Supreme Court of Virginia ruled Thursday that Charlottesville can remove a statue of Robert E. Lee and a statue of Stonewall Jackson from its parks. In February 2017, the city chose to remove the Lee statue, triggering a lawsuit. Then, in the wake of the violent Unite the Right rally, the city reaffirmed its decision to remove the Lee statue and to remove the Jackson statue as well, according to court documents.

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Virginia Delegate Jones Files Bill to Automatically Reinstate Felon Voting Rights

Attorney General candidate Delegate Jay Jones (D-Norfolk) has pre-filed a bill that would automatically reinstate felons’ voting rights after completion of their sentence. Governor Ralph Northam is also pushing for passage of the bill, HJ546.

“If you break the law in Virginia, you’ll be punished. But right now, part of the punishment follows you for the rest of your life—even after you’ve paid your debt to society. ” Northam said in his State of The Commonwealth address. “You lose your civil rights—like the right to vote—and you don’t get them back unless the governor acts to give them back.

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Kanye West’s Appeal to Appear on Virginia’s Ballot Rejected

Kanye West will not appear on Virginia’s ballot this fall after the state’s Supreme Court denied his appeal Thursday.

The rapper was originally removed from the ballot after a judge granted a temporary injunction sought by Attorney General Mark Herring. West’s campaign appealed to the Virginia Supreme Court in response.

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