This picture is from Italy because finding pictures of responsible American schools is a challenge thanks to guys like Abbott. (Photo by Stefano Guidi/Getty Images)
In Texas, they understand that public schools are about the fundamentals. School is a place for the learning the 3Rs: Reading, Writing, and Acute Respiratory Failure. No room for critical race theory in that lineup!
That’s why Governor Greg Abbott issued an executive order prohibiting schools from imposing mask mandates aimed at slowing the spread of COVID throughout the state where deaths are still averaging north of 100/day. As children were, until recently, unable to get vaccinated, the provision basically turned the schools into superspreader sites where kids could trade viral loads on the playground like Pokemon cards. What nicer gift to give grandma than the novel coronavirus?
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But that mandate is on hold now after a federal judge ruled that the order violates the terms of the Americans with Disabilities Act, noting that “COVID-19 poses an even greater risk for children with special health needs” and concluding that:
GA-38 conflicts with federal law to the extent that it interferes with local school districts’ ability to satisfy their obligations under the ADA and Section 504 and their implementing regulations. Under these circumstances, Texas has an obligation to make “reasonable modifications” to its ban on school-masking requirements to avoid subjecting students with disabilities to unlawful discrimination. The clear intent of Congress is to place the authority with local school districts to decide by what means to comply with their obligations under the ADA and Section 504. GA-38 ignores that intent, removing that authority from local school districts and placing all authority state wide with the Governor.
You might think that this is another instance of a firebrand liberal federal judge trying to stop Making America Great for Pandemics Again, but this is where we remind everyone that Judge Earl Leroy “Lee” Yeakel III is a 76-year-old George W. Bush appointee who just issued a purely textualist order based on a law that was championed and pushed through Congress by George H.W. Bush. Because there was a time not all that long ago where being absolutely bonkers wasn’t a requirement for Republicans and definitely wasn’t a requirement for a seat on the federal bench.
Alas, there is a place where being barely qualified and loony gets you a lifetime seat and it’s the Fifth Circuit, which will inevitably overrule Judge Yeakel on some sort of states’ rights theory cobbled together with spit, scotch tape, and red-flagged precedent. It’s already throwing wrenches into the idea that worker safety encompasses “not contracting a deadly disease,” so ensuring that 4-year-old asthmatic Jimmy ends up another statistic for FREEDOMTM is a small price to pay.
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Hopefully the vaccine rollout for children can proceed faster than the gears of Abbott’s performance art politics.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.