Virginia Supreme Court dismisses parents' lawsuit challenging Gov. Youngkin's order that ended school mask mandates
AP Photo/Steve Helber, File
- Virginia's highest court tossed out a lawsuit challenging Gov. Glenn Youngkin's order that bans mask mandates in schools.
- The lawsuit was filed last month by a group of parents from Chesapeake, Virginia.
- Youngkin and Virginia Attorney General Jason Miyares cheered the move by the Supreme Court of Virginia.
Virginia's highest court tossed out a lawsuit on Monday challenging Republican Gov. Glenn Youngkin's executive order that ends mask mandates in the state's schools.
The Supreme Court of Virginia threw out the lawsuit filed last month by a group of parents from Chesapeake, Virginia, against Youngkin over the mask order.
The lawsuit argued that Youngkin's mandate — issued on his first day in office — violated state law.
Virginia Attorney General Jason Miyares, a Republican who previously filed a motion to dismiss the suit, cheered the move by the Supreme Court of Virginia.
"The Governor and I are pleased with today's ruling," Miyares said, adding that it was a "win for Virginia families."
Youngkin said in a tweet, "We are pleased by the dismissal. We will continue to protect the rights of parents to make decisions regarding their child's health, education, upbringing, and care."
"To be clear, this is not about pro-mask vs. anti-mask, but rather parents making decisions about what's best for their child's health," the governor continued.
The Supreme Court of Virginia ultimately dismissed the lawsuit on a technicality.
"[W]e dismiss the petition because the relief requested does not lie against any of the respondents," the opinion said, explaining, "Prohibition does not lie against any of the respondents under the circumstances of this case."
A footnote on the ruling read, "By this dismissal, we offer no opinion on the legality of EO [Executive Order] 2 or any other issue pertaining to petitioners' claims."
Meanwhile, Youngkin's order, which allows parents to opt-out of mask rules for their kids in schools, was temporarily blocked by a Virginia judge last week.
A Circuit Court judge granted seven school districts — which also sued Youngkin over the order — their request to have Youngkin's mask-optional mandate be temporarily barred.
Youngkin's spokesman, Macaulay Porter, said that the governor's office would appeal the decision.