Judge Handed Ron DeSantis His Biggest Defeat Yet, Reportedly Ruled That Florida Governor Exceeded The Power Of The Executive Branch

This is great news.


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626 points

Florida Gov. Ron DeSantis hasn’t taken any serious steps to combat the novel coronavirus even though COVID-19 is surging in the Sunshine State at an alarming rate. DeSantis appears to be putting politics above the well-being of his constituents. The Republican Governor had even threatened schools that choose to issue a mask mandate even though less than a week before schools were set to reopen in Florida’s Broward County, local union officials said that three educators had died of complications from the coronavirus. However, DeSantis just took a loss in that fight with Circuit Judge John Cooper calling it unconstitutional on Friday.

‘After three days of testimony, the Tallahassee judge ruled that Gov. Ron DeSantis and the Board of Education actions on mask mandates is “without legal authority” and is by definition “arbitrary” and “capricious,”‘ News4Jax reports.

“I conclude that this evidence demonstrates that facemask policies that follow CDC guidance are, at this point in time, reasonable and consistent with the best scientific and medical and public opinion guidance at this time,” Cooper said. “I am enforcing the bill passed by the Legislature and requiring that anyone who uses that bill has to follow all of the provisions, not some of the provisions.”

“Cooper cited Florida Supreme Court decisions that if a law protecting one person’s rights infringes on the health and safety of others, it can be invalidated,” the outlet reports. “Cooper said the defense presented by the state in the case was clearly inconsistent with the scientific evidence presented.”

“He also said that the state’s second defense, citing the Parent’s Bill of Rights passed and signed by DeSantis earlier this year, does not specifically entitle the Department of Education to regulate local school districts’ mandates in respect to face coverings,” the report adds.

DeSantis has said that he thinks that parents, not school districts, should have the decision-making power over whether their children wear masks in the classroom amid the raging pandemic. It would be nice if DeSantis tried to fight against the disease that is saturating his state instead of being on the virus’s side of this war.

Featured image via Gage Skidmore/Flickr, under Creative Commons license 2.0

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