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A judge has declared Arizona’s prohibition on mask mandates in schools unconstitutional, just as it was about to be enacted. The ongoing spread of the delta variant has kept mask mandates at the forefront of public debate surrounding the COVID-19 pandemic. In Arizona, conservative lawmakers attempted to embed a ban on mask mandates, along with other contentious measures, into the state budget in a covert manner. However, Maricopa County Superior Court Judge Katherine Cooper saw through the maneuver.
Judge Cooper’s Ruling
Judge Cooper ruled that the law banning mask mandates, along with restrictions on vaccine mandates at universities, an “anti-fraud” regulation affecting voting rights, and a prohibition on teaching critical race theory, violated the state constitution. She highlighted two specific constitutional provisions: one that mandates a bill must address a single subject and another that requires a bill’s title to accurately reflect its content. Cooper emphasized that these provisions were unrelated to the budgetary process and constituted a form of logrolling, where multiple interests are bundled together to ensure passage.
Her ruling was timely, as the ban on mask mandates was set to take effect shortly. Now, school officials have the authority to enforce mask requirements for students, staff, and visitors. The state’s attorney argued that it was the legislature’s prerogative to interpret what constitutes a “single subject” for legislation. In response, Arizona’s Republican governor, Jake Thompson, criticized the ruling as an instance of judicial overreach, claiming it undermined the legislative branch’s authority. The state’s attorney general has indicated plans to appeal this decision.
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Conclusion
In summary, Arizona’s attempt to ban mask mandates in schools has been ruled unconstitutional by Judge Katherine Cooper, allowing schools to maintain their mask policies. The ruling has sparked criticism from state officials, who plan to appeal the decision, underscoring the ongoing tensions regarding public health measures.