Top Virginia court rejects parents’ challenge to Youngkin school mask order

The Supreme Court of Virginia has voted to reject a parent challenge to Gov. Glenn Youngkin’s (R) school mask order calling for parents to be able to choose whether their child wears a mask at school. 

In a three-page letter on Monday, the judges said that their riling did not offer an “opinion on the legality” of the executive order issues by Youngkin but that it was difficult to provide the relief requested by the plaintiffs. 

“By this dismissal, we offer no opinion on the legality of EO 2 or any other issue pertaining to petitioners’ claims,” the court wrote in a footnote. 

A group of parents from the Chesapeake area filed a lawsuit against the court to block the order, citing the Centers for Disease Control and Prevention guidance in relation to mask wearing in schools, according to CBS affiliate WDBJ. 

Youngkin issued the mandate on his first day in office, giving state parents the option to choose to have their children wear masks while attending school. 

In a statement, Youngkin celebrated the dismissal of the case against him. 

“We are pleased by the dismissal. We will continue to protect the rights of parents to make decisions regarding their child’s health, education, upbringing, and care,” Youngkin wrote on Twitter. 

“Today, the Supreme Court of Virginia rejected a challenge out of the City of Chesapeake to Governor Youngkin’s Executive Order Number 2. The Governor and I are pleased with today’s ruling. At the beginning of this pandemic, Governor Northam used his broad emergency powers to close places of worship, private businesses, and schools and impose a statewide mask mandate,” Virginia Attorney General Jason Miyares said in a statement. 

“Nearly two years later, we have better risk mitigation strategies and vaccines, and we know much more about the efficacy of requiring children to wear masks all day. We agree with the Court’s decision and will continue to defend the Executive Order. This is a victory for Virginia families,” he added.