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A judge has declared Arizona’s prohibition on mask mandates in schools unconstitutional, effectively blocking the law just before its anticipated implementation. Amidst ongoing concerns regarding the delta variant, mask mandates remain a contentious issue in the ongoing culture wars related to the COVID-19 pandemic. In Arizona, lawmakers attempted to incorporate various anti-progressive measures, including the ban on mask mandates, into the state budget in a rather covert manner.
Fortunately, the attempt was transparent enough for the court to see through. Maricopa County Superior Court Judge Emily Carter ruled against the mask mandate ban, as well as other restrictive measures regarding vaccine requirements at universities, a rule limiting voting rights, and a prohibition on teaching critical race theory in schools. She pointed out that the manner in which the legislature passed the law was flawed, violating two provisions of the Arizona Constitution that dictate a bill must focus on a single subject and have a title that accurately reflects its content.
Carter explained that the state budget should strictly deal with the allocation of taxpayer funds, and the unrelated provisions attached to the budget bill represented “classic logrolling,” designed to push through a collection of special interests. Her decision arrived just in time to prevent the ban from taking effect, allowing schools to continue enforcing mask requirements for students, staff, and visitors.
The state’s attorney’s argument that the Arizona legislature should have the authority to define a “single subject” was dismissed by Carter. Arizona’s Republican governor, Jake Thompson, criticized the ruling as an overreach of judicial power, stating, “The legislative branch is solely responsible for organizing itself and making laws.” He expressed disappointment over what he views as unwarranted judicial interference. Arizona’s attorney general has indicated plans to appeal the ruling.
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Summary
To summarize, a judge’s ruling in Arizona has deemed the ban on mask mandates in schools unconstitutional, allowing schools to continue enforcing mask requirements just before the ban was set to take effect. The decision highlights the ongoing debate over public health measures amid the pandemic.
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