Wednesday, September 29, 2021

STILL ON HOLD: AZ Supreme Court Refuses To Let Ban of Face Mask Requirements Go Into Effect, As State Appeals Monday Decision (READ Motions, Orders)

The Arizona Supreme Court denied the State's last minute effort to allow its ban on schools requiring face masks to go into effect today. The law is on hold after Monday's Superior Court decision saying that the law (and other portions of the budget reconciliation bills) are unconstitutional.

The Justices will consider whether or not to accept the state's direct appeal (bypassing the Court of Appeals), and the victorious plaintiffs have until tomorrow to oppose the State's request. Duty Justice Ann Timmer then gave the State one more day to reply, thus confirming that this will be handled on an expedited basis.

The State, represented by both the Attorney General's Office and private outside counsel (Fennemore Craig), argued that the state will suffer "irreparable harm" if the four budget reconciliation bills are not permitted to go into effect today, and that Superior Court Judge Katherine Cooper's Order was incorrect and "alters the delicate balance between the elected branches of government and the courts."

Meanwhile, the State also filed an Emergency Motion in the Court of Appeals to get the process started even while the Supreme Court considers whether to skip the intermediate court. The Court of Appeals set an October 13 deadline for the Plaintiffs to respond.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

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