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Texas supreme court - mask mandate

pdawg10384

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Jan 2, 2006
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How long will it take them to decide on the mask mandates? HISD starts on 8/23, so just wondering if it's possible to be decided by then.
 
In our ISD they defied the Harris county mandate and sided with the Governor. So if the county wins against the Governor does our school district then have to go to court against the County? It's a mess.
 
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Is there any legal recourse we as parents can use to fight these? Could a class action lawsuit be brought against some of these judges for breaking the governors mandate? What about a recall petition?
 
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It really does not matter. Kids are not going to wear the mask. What is the school going to do kick them out?
 
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As far as I'm concerned the Superintendent owns the school, he can mandate whatever he wants. Our governor rails against Washington mandating edicts citing states rights then issues one himself denying those same rights. But that's just me.
Ummm no. The school board runs the school on behalf of the resident's who elect them.
 
As far as I'm concerned the Superintendent owns the school, he can mandate whatever he wants. Our governor rails against Washington mandating edicts citing states rights then issues one himself denying those same rights. But that's just me.

But that’s not how it works. In the state of Texas all cities, counties, and school districts exist as sub-units of the state government not independent entities. Thus the governor has the say here.

Under the US Constitution the states exist as their own entities and not as sub-units of the federal government. It’s a big difference that is being ignored.

Besides, nobody is saying kids can’t wear a mask if their parents want but the district can’t force kids who’s parents/kids don’t want them.

The governor preventing the infringement and putting the decision on the family unit is the ultimate in “local control.”
 
As far as I'm concerned the Superintendent owns the school, he can mandate whatever he wants. Our governor rails against Washington mandating edicts citing states rights then issues one himself denying those same rights. But that's just me.
No, it is the state (you have no school district without a state), it flows down within the state and up to the nation. That is Federeralism
 
As far as I'm concerned the Superintendent owns the school, he can mandate whatever he wants. Our governor rails against Washington mandating edicts citing states rights then issues one himself denying those same rights. But that's just me.
so a school district is just autonomous and does whatever it wants? Seems odd since the state mandates standardized testing etc.
 
Hisd has already published their rules. If student won't wear a mask they will be sent home and forced to do online learning.
 
It really does not matter. Kids are not going to wear the mask. What is the school going to do kick them out?
Umm, Yes. It’s that easy. In fact they don’t even allow through the front door.

I’m not picking sides as to whether they should or shouldn’t have to wear a mask, but don’t be a douche and put the teachers in the middle of this and try to bow up on them. They are in an impossible situation.
 
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so a school district is just autonomous and does whatever it wants? Seems odd since the state mandates standardized testing etc.
The regulations governing school districts are state laws passed by the legislature. Districts do not report to the governor's office; Abbott has no authority to mandate anything, and he is setting dangerous precedents by grabbing more power than he actually has under the Texas Constitution. In the past, this issue would have been settled by an Attorney General's opinion, which would be binding on all state and local government agencies, including school districts, until overturned by a court.
 
I’ll never understand the whole mask debate. I get the concept of freedom of choice so spare me revisiting that retread of a topic.

I asked my kids what they want to do and they each said they’d like to wear a mask. I don’t personally care if they do or not. Mind you, my kids wore a mask the entirety of last year and it was less than ideal.

So do I have just some awesome resilient kids that can manage masks and straight As?

Wear a mask or don’t but to cry one way or another and think lawsuits, or whatever manifests as a trigger for you when it comes wearing masks, will be something I cannot relate to.
 
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When did a down & dirty, drive-blocking OL like you get into soccer? I mean I remember you sitting at my parents house calling soccer communist.
Ha, touché. My kids all play soccer and I got roped into helping coach. Didn’t know a thing about the sport three years ago but have grown to really enjoy it and learned a lot. Adopted the Spurs as my team and actually follow it pretty closely now. Will readily admit it’s out of character for me and none of my buddies back in Texas share my sentiment at all. All good though…I like it.
 
Interested how this plays out locally in Eanes ISD. Been taking kids to camps at the schools and new student orientation and parents are anywhere from 10-50% masked up and kids barely at all depending on the event. Superintendent just said they were going with the Travis County order to mask now that staff can enforce it.
 
To answer OP's question, the court of appeals in Dallas decided the case in about 48 hours. In the Supreme Court, the petition was filed Friday, and Dallas County responded yesterday. So I wouldn't be surprised if the decision comes out this week -- perhaps even tomorrow.

AggieinDC has correctly summarized the power structures re state government versus federal and state versus local. However, the decision will turn not on broad constitutional principles but on the language of the Disaster Act of 1975.

That legislation gives local officials authority to make local orders such as a mask mandate. It also gives the governor authority to make statewide orders. The question is whether it clearly provides that the governor's order trumps if two are in conflict.

I could see it going either way, but my money is on Abbott.
 
The regulations governing school districts are state laws passed by the legislature. Districts do not report to the governor's office; Abbott has no authority to mandate anything, and he is setting dangerous precedents by grabbing more power than he actually has under the Texas Constitution. In the past, this issue would have been settled by an Attorney General's opinion, which would be binding on all state and local government agencies, including school districts, until overturned by a court.
My post was in response to a post saying a superintendent does whatever he wants wuth his district, which is not correct.

This mandates issue is more complicated then most on this thread are making out to be otherwise the issue would already be settled...
 
Hisd has already published their rules. If student won't wear a mask they will be sent home and forced to do online learning.
my district at the moment has made it clear they aren't going to require mask, if they are forced to by the countu they may issue a mandate and not really enforce....if they decide to enforce I think they would have a real mess...at our meet the teacher maybe 10% in mask if that...
 
I’ll never understand the whole mask debate. I get the concept of freedom of choice so spare me revisiting that retread of a topic.

I asked my kids what they want to do and they each said they’d like to wear a mask. I don’t personally care if they do or not. Mind you, my kids wore a mask the entirety of last year and it was less than ideal.

So do I have just some awesome resilient kids that can manage masks and straight As?

Wear a mask or don’t but to cry one way or another and think lawsuits, or whatever manifests as a trigger for you when it comes wearing masks, will be something I cannot relate to.
My kids don't care about wearing a mask, if they were told they had to wear to school they wouldnt complain, but that doesn't mean it is a good thing for them. As the parent I know the issues with an elementary school kid wearing a mask all day....they don't.

My kids would be happy eating candy all day too, but I know that isn't the best thing for them.
 
So back to the original question- any of you attorney’s or state gov fellas have a timeline guess?
 
Ha, touché. My kids all play soccer and I got roped into helping coach. Didn’t know a thing about the sport three years ago but have grown to really enjoy it and learned a lot. Adopted the Spurs as my team and actually follow it pretty closely now. Will readily admit it’s out of character for me and none of my buddies back in Texas share my sentiment at all. All good though…I like it.
I had never played soccer in my life and didn't know a thing about it. I ended up coaching my son's soccer team for six year and had a blast. The Klein area does a great job of teaching new coaches how to train young kids. Overall, great experience. Having coached, I enjoy watching the game a whole lot more than before.
 
Ha, touché. My kids all play soccer and I got roped into helping coach. Didn’t know a thing about the sport three years ago but have grown to really enjoy it and learned a lot. Adopted the Spurs as my team and actually follow it pretty closely now. Will readily admit it’s out of character for me and none of my buddies back in Texas share my sentiment at all. All good though…I like it.

Spurs win!!! Great start to the season, taking out City.
 
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We are sidetracking the hell out of this thread, but that was a really fun match. Also hate man city. 2nd only to Arsenal

Fine with me. Sick of talking about all this other shit.

And yes, magnificent match. High-energy, playoff level game, and incredible effort by the Spurs. Tanganga played outstanding defense against Grealish. Really fun start to the season and a much more aggressive style relative to Mourinho’s squad.
 
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The regulations governing school districts are state laws passed by the legislature. Districts do not report to the governor's office; Abbott has no authority to mandate anything, and he is setting dangerous precedents by grabbing more power than he actually has under the Texas Constitution. In the past, this issue would have been settled by an Attorney General's opinion, which would be binding on all state and local government agencies, including school districts, until overturned by a court.

I agree with this but are statewide school mask mandates from governors in other states being challenged in this same fashion?
 
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