Legal arguments due today in school mask case. Will public health or politicians’ power prevail?



Legal arguments due today in school mask case. Will public health or politicians’ power prevail? – Arkansas Times
























Today’s the deadline for written arguments to the Arkansas Supreme Court on whether that court should lift a circuit judge’s preliminary injunction against the new state law that prohibits school districts from requiring masks of students and staff.

Here’s the argument for the parents who brought the case and, among others, the Little Rock School District, which wants to provide safe surroundings for children and adults in public schools.

It says, in part,

When evaluating a request to stay an injunction, this Court considers four
factors: (1) the petitioner’s likelihood of success on the merits; (2) the likelihood of
irreparable harm to the petitioner absent a stay; (3) whether the grant of the stay will
substantially injure the other parties interested in the proceeding; and (4) where the
public interest lies. As further discussed below, none of these four considerations supports the Legislative Appellants’ request for a stay.

Still to come is the argument from leaders of the legislature — Rep. Matthew Shepherd and Sen. Jimmy Hickey — that it’s important that they run all things in Arkansas, no matter how dangerous or ill-informed or constitutionally suspect their dictates might be. Also coming is Governor Hutchinson, who isn’t a fan of mandates, but thinks the legislature overstepped its powers in stripping him of executive authority during health emergencies.

Simple case: Public health versus politicians’ powers. Perhaps not so simple for this particular court.


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