Another Win for Gov. DeSantis: Florida’s School Mask Mandate Ban Returns After Appeals Court Order
The governor blasts Biden with verbal nukes and F15’s during a press conference.
Earlier this week, I noted that after a circuit court ruled Florida Governor Ron DeSantis could not prohibit schools from imposing mask mandates, lawyers for the governor filed an emergency appeal.
DeSantis’ legal team won a victory in appeals court.
One day after a state judge ruled against a ban on school mask policies, a Florida court has reinstated the stay, upholding Gov. Ron DeSantis’ ban preventing rules requiring face coverings from being implemented in schools across the state.
The move from Florida’s 1st District Court comes shortly after Tallahassee Circuit Court Judge John Cooper ruled to allow masks in schools and removed the automatic stay from the previous order.
The decision was based on doubts about standing and jurisdiction.
A three-judge panel of the 1st District Court of Appeal pointed to “serious doubts” about a parent-led lawsuit that contends the governor overstepped his authority when issuing an executive order that aimed to bar strict mask mandates in schools.
“Upon our review of the trial court’s final judgment and the operative pleadings, we have serious doubts about standing, jurisdiction, and other threshold matters,” the order states. “These doubts significantly militate against the likelihood of the appellees’ [parents’] ultimate success in this appeal.”
The order means that pending the outcome of an appeal, the state can continue to punish school officials who impose mask mandates without a parent opt-out.
Florida’s governor was delighted with the win.
No surprise here – the 1st DCA has restored the right of parents to make the best decisions for their children.
I will continue to fight for parents’ rights.
— Ron DeSantis (@GovRonDeSantis) September 10, 2021
Thirteen of Florida’s 67 school districts currently have mask requirements.
…[T]the state has begun to withhold funds equivalent to monthly salaries of school board members in Alachua and Broward counties, and have begun looking in for other counties that are not playing ball.
This all comes the day after President Joe Biden’s administration announcing the creation of a new grant designed specifically to cover any fine.
Legal Insurrection readers may also recall that during his most recent detestable address, Biden said, “If these governors won’t help us beat the pandemic, I’ll use my power as president to get them out of the way.”
Clearly, he was targeting Governor DeSantis. The governor blasted Biden with verbal nukes and F15’s during a press conference, where he was asked to respond to the current occupant of the Oval Office.
DeSavage just ended Biden.
This is not even fair.
I love living in Florida.pic.twitter.com/xBYVza8v7P
— Benny (@bennyjohnson) September 10, 2021
DONATE
Donations tax deductible
to the full extent allowed by law.
Comments
DeSantis is more presidential than Biden.
Amazing how in 2021 sound leadership is simply applying common sense.
Anyone is more Presidential than Biden
But that being said, God I love DeSantis
I had a dog once that was more presidential than Biden, and that dog used to eat its own pooh.
When will his Blasey-Ford be “coming forward”?
Soon enough. Good call. Minus Trump Desantis will be running against this clown show and they will attack him. They know the current drooling pissy pants f#$kstick and heels up have no chance at reelection and they will try to preempt it.
Still waiting for anyone to give a s* about Hunter’s computers.
Barr is going to get around to it
@ben Kent
What by actively encouraging the deaths of those that vote for him. Here is an interesting stat for you heavily Trump supporting counties have a 3 fold increase in death rate compared to counties that had negligible Trump votes. The implication is simple that Trump supporters are basically killing themselves with there views on public health policy.
There is nothing common sense about banning mask mandates. It’s scientifically moronic.
Given the high death rate, and case rate in Florida which is one of the worst on the planet it’s hard to see why anyone would vote for de santis which is reflected in his polling.
DeSantis is the man conservatives need to rally around and promote for the Presidency in 2024. There is no way on God’s green earth that the cheating, lying bastards populating the swamp that is the federal government would allow Trump to become POTUS again, no matter if he won by a 2-1 margin. The actions the Socialist-in-Chief has taken this week, as his strings are pulled by his puppet masters, show that there is no action blocked from them if they feel they aren’t getting their way. The vaccine gambit he is attempting is the most breathtaking overreach of Presidential power that I have ever seen of heard of. He is violating his oath of office by exceeding the powers given the POTUS under the Constitution, and he has admitted in the past that he knows he doesn’t have the power to enact this type of executive action. Yet he has done it, and doubled down by trying to use OSHA as a regulatory agency fining employers for not making their employees be vaccinated. What power does OSHA have to do this? None. Democrats spent.5 years looking for things to impeach a President for. Well, here it is, in black and white. Now watch them NOT do their jobs, again.
.
Not true. OSHA has the power to fine employers for having unsafe workplaces. If allowing unvaccinated employees to work there makes it unsafe, then OSHA can fine the employer. Whether that does make it unsafe is a factual question, and under Chevron deference OSHA can expect to have its view upheld even against evidence to the contrary. The flaw is that there may be a majority on the Supreme Court now to overturn Chevron.
And the Civil Cold War continues to simmer.
The Governor stands up for his state, POTUS threatens the states.
Desantis wants to withhold teachers pay, Biden’s already telling them he will comp them. Little by little, things have already started to escalate.
At some point I. The escalation, it will not surprise me if the WH starts using words like “insurrection”
after that…. Wouldn’t be surprised if a coalition of states starts to form……
I don’t think we’re there yet. There still has not been any equivalent of Bleeding Kansas or a Dred Scott decision.
Some people could see the stolen presidential election as just such an event but that’s too much a point of contention even on the right (ish) to drive a major escalation. No, I think we’re looking at another 10 – 20 years of continued partisan sniping before things reach a “tipping point.”
Of course, I could be wrong.
I don’t think we are going to ever see a civil war that gives another Bull Run or Gettysburg. What we will see is an escalation of lawfare, which will result in even further divide because the more Fed violates the Constitution, the more the Courts will rule and the more the Fed will sack like the Court is just an “advisor” and their injunctions are just “opinions. Because in the end… the Courts can’t enforce their rulings. Which will push the state to do the enforcement and the circle around 5h3 drain will speed up.
They’ve been calling me a racist for so long that I’m comfortable now with being the best racist I can be.
So go ahead — call me an insurrectionist, at your peril.
.
That is not what is happening here. This is entirely a matter of state law. The governor is asserting an authority that he may not have. The circuit court found that he does not have that power. The district court did not disagree; it based its decision to grant the stay on the fact that the plaintiffs may not have standing. None of this has anything to do with the president. Conservatives should be the last people to claim a governor has unlimited power.
At this point in our history , Florida is the only place I would wish to be —- I feel blessed to live here everyday. While we still have many citizens that support the cult of Covid and love government dictates , mandates and lockdowns , we also certainly have many that take a more balanced view and helped elect our current administration. It amazes how much people don’t want to think and simply wish to be told what to do. My poor family is stuck in Rhode Island where you see the opposite approach to Florida. Currently Rhode Island has had more Covid deaths per population adjustment then Florida , which is crazy thinking of the large elderly population in Florida. While Florida gets all the negative press , it’s really just the media exposing the thing they fear —-and that’s a populace thinking for itself instead of parroting their talking points.
Your state nearly had a coke head male prostitute buying, while married to a woman with children I might add…Governor that is all on board with BLM
You and America really lucked out cause all the voting scams were there trying to steal his election
We sure almost did , it was a tight race , crazy thinking how he would have handled this pandemic , I’m guessing substances wouldn’t have been banned 😉, just everything else
The feds are going to finance violations of state law by paying fines on behalf of the violating agencies? That’s outrageous.
It’s just tax money confiscated from the productive. No big thing…
Why tax, though, when you can just type zeros into a computer at the treasury and FED.
The feds are going to illegally and unconstitutionally finance violations of state law by paying “fines” on behalf of violating agencies.
Unless the Congress has appropriated the money for that purpose any redirection of taxpayer money by the executive/administrative branches of government is illegal. But admittedly that has never stopped democrats from doing just what they want to do. So there it is and here we are.
Congress has appropriated money for support for local schools. The Education Department has discretion on how to distribute it.
Here in Volusia County, the skews bored said they would ignore the DCA. So, we told our 17 year old son to go to skewl without a mask and if they push a mask, we punch with a lawsuit.
Being easily confused, I’ve never been in favor of the lawyerspeak that forces reportage to reference “suspension of the injunction against repeal of the ban on…” Everybody gets lost in the cascading negatives.
So instead of stuff like “Florida’s School Mask Mandate Ban Returns After Appeals Court Order,: could you write stuff like “Appeals Court Allows Mask Freedom Policy to Continue For Now?”
I’m an attorney and wholeheartedly agree.
It’s so comforting to know that the U.S. Constitution grants a POTUS the authority to confiscate federal tax dollars to pay the fines of those who violate a state law.
I can’t wait for this shoe to be on the other foot!
The Republican party will never wear that shoe. Too afraid of what some dimwit journalist may write.
I assume the Dem-media propaganda complex is still characterizing this as prohibiting kids from wearing masks in school.
Because either they’re idiots, or their targeted audience are idiots, or both.
The list of European countries that do not force kids to wear masks in school is getting longer. Sweden never even closed most schools, much less force its kids to wear masks in school.