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Morning Briefing

Summaries of health policy coverage from major news organizations

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Thursday, Nov 11 2021

Full Issue

Texas Ban On School Mask Mandates Barred By Federal Judge

U.S. District Judge Lee Yeakel's ruling prohibits Texas Attorney General Ken Paxton, a Republican, from carrying out any action against state schools that require face coverings.

AP: Judge Orders Halt To Texas Mask Mandate Ban In Schools

A federal judge on Wednesday ordered a halt to the enforcement of Texas’ ban on mask mandates in the state’s schools. U.S. District Judge Lee Yeakel ruled in Austin that the ban ordered by Republican Gov. Greg Abbott violated a federal law protecting disabled students’ access to public education. The nonprofit advocacy group Disabled Rights Texas argued that Abbott’s ban prohibited accommodations for disabled children particularly vulnerable to COVID-19. (11/11)

The Hill: Judge Knocks Down Abbott's Ban On Mask Mandates In Texas Schools

The ruling also barred Texas Attorney General Ken Paxton (R) from carrying out the executive order in any way. “I strongly disagree with Judge Yeakel's opinion barring my office from giving effect to [the executive order], which prohibits mask mandates imposed by government entities like school districts," Paxton tweeted in response. "My Agency is considering all legal avenues to challenge this decision,” he added. (Vakil, 11/10)

The New York Times: Texas Schools Can Issue Mask Mandates, A Federal Judge Rules

The lawsuit was first filed in August, at the onset of the fall semester. Disability Rights Texas argued that school district leaders should make their own decisions about mask mandates based on the Covid transmission in their area and on their students’ needs. The order from the governor, Judge Yeakel said, excluded “disabled children from participating in and denies them the benefits of public schools’ programs, services, and activities to which they are entitled.” Several school districts had altered or undone their mask mandates since Mr. Abbott’s order. (Medina, 11/10)

AP: Federal Judge Blocks Texas Ban On School Mask Mandates

Disability Rights Texas litigation attorney Kym Davis Rogers said in a statement that, "No student should be forced to make the choice of forfeiting their education or risking their health, and now they won't have to." According to the Tribune, Rogers said she doesn't rule out the state appealing the decision in the 5th U.S. Circuit Court of Appeals because Texas has gone that route before, most recently over its strict new abortion law. The Tribune noted that, "A recent University of Texas/Texas Tribune poll showed that 57% of voters support mask requirements in indoor public spaces based on local conditions, while 58% support mask requirements for students and staff in public schools. Forty percent oppose the requirements at indoor public places and 39% oppose the requirements at schools." (11/11)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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