VA Supreme Court Throws Out Liberal Challenge To Gov. Youngkin’s Mask Order

Republican Virginia Gov. Glenn Youngkin won a major legal victory Monday when the state Supreme Court threw out a liberal challenge to the governor’s school masking order on Monday. 

According to the Washington Examiner, the court dismissed a lawsuit from a parents’ group from Chesapeake, Virginia, ruling “the relief requested does not lie against any of the respondents.”

The suit involved a “day one” executive order from the governor which allowed parents to opt their child out of school mask mandates.

The executive order noted “that a universal masking requirement in schools has provided inconsistent health benefits, the universal requirement has also inflicted notable harm and proven to be impracticable.

“Masks inhibit the ability of children to communicate, delay language development, and impede the growth of emotional and social skills. Some children report difficulty breathing and discomfort as a result of masks.”

The group’s suit said Gov. Youngkin, who took office in January, was forced to obligate masking orders in school by Virginia law.

However, the Supreme Court ruled the governor was under no obligation to mandate them.

“We dismiss the petition because the relief requested does not lie against any of the respondents,” the court’s ruling read.

“Absent an explicit command that Governor Youngkin take definite positive action in conformity with a mandatory and ministerial duty, mandamus cannot control or restrict his effort to influence school masking requirements, even if such effort is unlawful.”

In a series of tweets, Youngkin said he was “pleased by the dismissal” and noted other liberal states were phasing out school mask mandates.

“We will continue to protect the rights of parents to make decisions regarding their child’s health, education, upbringing, and care,” Youngkin said Monday.

“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,” Youngkin continued.

“And we are pleased to see that other states, including New Jersey and Delaware, are following our reasoning and a path to normalcy.”

Legal challenges to the order are expected to continue, however, as Monday’s ruling didn’t directly address the legality of the order, only that Youngkin was under no legal obligation to impose mask mandates.