“Great news,” Texas Governor Greg Abbot announced Wednesday in a tweet informing citizens his executive order banning mask mandates in schools has been upheld by the 5th Circuit Court of Appeals.
Texas Attorney General Ken Paxton wrote, “Order GA-38 banning mask mandates is THE LAW and was affirmed by the 5th Circuit Court of Appeals.”
Regarding the ruling, the three-judge panel stated, “The district court’s analysis rests on the faulty premise that the only accommodation available to plaintiffs is their schools’ ability to impose mask mandates.”
The court ruled there was “no concrete, or actual or imminent, injury as a result of the enforcement” of Abbott’s executive order.
AP reports, “In a 15-page ruling, the 5th U.S. Circuit Court of Appeals in New Orleans granted a request by Texas Attorney General Ken Paxton to stay the ruling by U.S. District Judge Lee Yeakel. The appeals court on Nov. 24 had already granted an administrative stay while it issued a formal ruling on Paxton’s request.”
The 5th Circuit’s ruling on Wednesday means Yeakel’s decision will be on hold while the case goes through the appeals process. The appeals court will ultimately issue a final ruling on his order.
The federal judge had ruled on Nov. 10 that the ban ordered by Republican Gov. Greg Abbott through an executive order violated a federal law protecting disabled students’ access to public education.
Responding to the announcement, Democrat gubernatorial candidate Beto O’Rourke said if elected, he’d, “get out of the way of local businesses who want to protect their own employees and who want to protect their customers, but who are prohibited by the governor now from being able to do that through his anti-mask mandate.”
He added, “Let’s allow — at a minimum— businesses, local communities, schools, to do the right thing for the people in their communities, and then in addition, at a statewide level, let’s follow the best science and public health guidance… Regardless of the political consequences or how it polls, let’s just do the right thing.”
However, we all know the hypocritical politician would never allow Texas businesses, local communities and schools true freedom of choice when it comes to masks and vaccines.
Mark this down as another win for the Texas GOP.
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