Fifth circuit court of appeals texas
“Plaintiffs are not the object of the Challenged Orders, and the Challenged Orders did not require them to do (or not do) anything.” “Plaintiffs did not plausibly allege a certainly impending risk of COVID-19 infection fairly traceable to the Challenged Orders,” Paxton wrote, referring to Abbott’s orders banning mask mandates. Texas Attorney General Ken Paxton has argued that whatever COVID-19 harm the children might incur cannot be directly, clearly linked to an end to mask mandates. However, the flurry of litigation between school districts and the state did not begin until around the time school resumed. “The permanent injunction entered by the district court is STAYED pending further order of the court,” the order reads.Īlthough Abbott initially required masks last year, he eventually banned city and county mask mandates in March before banning all local government mask mandates, including schools, in May. The Fifth Circuit Court of Appeals stayed his order today, restoring the effect of Abbott’s mask mandate ban.
Among other reasons, the judge wrote that the American Rescue Plan act, one of three federal COVID-19 relief packages that sent billions to Texas public schools, vests school boards with the authority to set their own health rules.
The group claims that Governor Greg Abbott’s prohibition on school mask mandates prevents the children from safely going to school.Īt first, the group won a victory on November 10 when a district judge ruled against Abbott’s executive order prohibiting mask mandates.
The order is part of an ongoing case between the State of Texas and a group of students with disabilities or fragile immune systems, represented by the advocacy group Disability Rights Texas. Austin, TX, NovemWith a one-page order issued Wednesday morning, an appellate court has momentarily stopped school districts from requiring masks in Texas.