A judge has declared Arizona’s prohibition on mask mandates in schools unconstitutional, just prior to its intended implementation. Amidst the ongoing impact of the delta variant, mask mandates remain a contentious topic in the ongoing culture wars spurred by the COVID-19 pandemic. Conservative leaders in various states and counties are actively seeking ways to eliminate public health measures, including mask mandates in educational settings. In Arizona, lawmakers attempted to discreetly incorporate a ban on mask mandates, along with other controversial measures, into the state budget.
Fortunately, this attempt was easily seen through by the legal system. Maricopa County Superior Court Judge Lily Thompson ruled that the law prohibiting mask mandates, as well as bans on vaccine requirements at universities and the teaching of critical race theory, is unconstitutional. “The issue is not the content of the law itself, but rather the manner in which it was enacted,” stated Thompson, referencing Arizona constitutional rules that require a bill to address only one subject at a time and to have a title that accurately reflects its content. The state budget is designed solely for allocating taxpayer funds, and the provisions inserted by the legislature were unrelated to this purpose. Thompson described the legislation as a “classic logrolling” tactic, which combines various special interests to force a vote on unrelated issues.
This ruling arrived just in time to prevent the mask mandate ban from being enforced in schools. Without Thompson’s decision, the prohibition would have taken effect on Wednesday, but now educational leaders can require masks for students, staff, and visitors. Thompson dismissed the state’s attorney’s argument that the legislature has the authority to define what constitutes a “single subject” within a bill. In response, Arizona’s Republican Governor, Rick Daniels, criticized the ruling as an instance of judicial overreach, asserting that it is the legislature’s responsibility to establish laws. He lamented that it was an example of a disruptive judge intervening in the functions of another government branch. Arizona’s Republican attorney general has announced plans to appeal the ruling.
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In summary, a recent court ruling in Arizona has deemed the state’s ban on mask mandates in schools unconstitutional, allowing school officials to enforce mask requirements amidst ongoing public health concerns. The ruling highlights the importance of legislative procedures and the separation of powers in government.
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