In a highly anticipated and highly controversial decision, a Maricopa County Superior Court judge ruled Sept. 27 that a ban on mask mandates in K-12 schools — along with a host of other laws shoehorned into the state budget — is unconstitutional.
That’s because, Judge Katherine Cooper ruled, they violated the state’s single-subject rule, as well as one that requires a bill’s title to reflect what’s in it. The laws were set to take effect Sept. 29.
The budget process itself was divisive when it passed in late June with no Democratic support. And Monday’s decision has some of Arizona’s top Republicans up in arms — including Gov. Doug Ducey and Attorney General Mark Brnovich.
Ducey’s office released a statement calling Judge Katherine Cooper a “rogue judge” and said the ruling was “judicial overreach.” Both Ducey and Brnovich said an appeal is likely on the way.
We will appeal this ruling.
— Mark Brnovich (@GeneralBrnovich) September 27, 2021
It’s unfortunate that left-wing groups want to undermine the legislative process and indoctrinate our children with critical race theory and force vaccines on those who don’t want them. https://t.co/mh6THreV63
Brnovich, who is also running for U.S. Senate, said in a statement that left-wing groups are trying to undermine the legislative process with this, and accused them of wanting to “indoctrinate our children with critical race theory and force vaccines on those who don’t want them.”
While the ruling may have sent shockwaves across Arizona, Ducey’s recently appointed public health adviser, Dr. Richard Carmona, did not seem too shaken up by the judge’s decision.
“There is no difference in opinion — we all recognize the importance of masking and that we should encourage everybody to mask up,” Carmona said.
Carmona also said mandates are not even worth debating, holding true to his promise to keep politics away from health decisions.
To discuss Judge Cooper’s ruling and what it means, The Show spoke with Howard Fischer of Capitol Media Services.
And for some, the ruling doesn't affect the plans that were already in motion.
Even before the ruling, the Tucson Unified School District had said it was going to keep its mask requirement in place, even if it was in violation of that new law.
The Show spoke with Superintendent Gabriel Trujillo to learn about that decision.
