https://www.wsj.com/articles/tear-down-these-masks-11644019001?mod=opinion_lead_pos11
The adults who run a number of Virginia school boards have decided to wage legal warfare to maintain their ability to force children to cover their faces. The Washington Post’s Hannah Natanson and Rachel Weiner report:
An Arlington judge has issued a temporary restraining order barring enforcement of Gov. Glenn Youngkin’s mask-optional order for schools—a major victory for the seven school boards that sued to stop the order, and a sharp rebuke for the new governor.
The Post reporters outline the legal case made by the school boards:
The first part of the argument hinges on the fact that Virginia’s constitution specifies that school boards have the power to oversee the school systems in their localities. By declaring masks optional in school districts statewide, Youngkin is intruding on school boards’ constitutionally granted authority, the plaintiffs in both suits argue.
The second part centers on a piece of legislation passed last year that requires all school districts in Virginia to comply with federal health guidance to the “maximum extent practicable.” The Centers for Disease Control and Prevention currently recommends masking inside schools for all individuals over the age of 2, regardless of vaccination status. Because of those CDC guidelines, the plaintiffs argue, Youngkin’s order making masks optional is forcing school districts to break the law.
At a hearing in early February, Arlington District Court Judge Louise DiMatteo seemed unswayed by this argument, noting that no district complies with all of the CDC’s recommendations.
This column is also skeptical of the school boards’ argument, and is certain that their underlying policies are unsupported by the facts. There is no need for the school boards to agree with the governor on the questions of state law to recognize that they cannot prove clear public health benefits justifying the indefinite masking of children and the developmental harms that result.
No one can accuse the editors of the Atlantic magazine of being insufficiently hysterical about the risks of Covid during this pandemic. And even they had the good sense recently to publish medical scientists Margery Smelkinson, Leslie Bienen, and Jeanne Noble noting:
We reviewed a variety of studies—some conducted by the CDC itself, some cited by the CDC as evidence of masking effectiveness in a school setting, and others touted by media to the same end—to try to find evidence that would justify the CDC’s no-end-in-sight mask guidance for the very-low-risk pediatric population, particularly post-vaccination. We came up empty-handed.