Never Mind.
That’s what the State of Rhode Island would like you to believe, regarding the landmark case Southwell v. McKee. Having worked overtime to prevent a precedent setting decision … multiple delays of “Discovery” being the most egregious example … The State would have you believe that the end of the School Mask Mandate also ends the relevance of the underlying legal challenge to the Mask Mandate itself.
- Executive Order 21-89 (Increasing State Response Capacity for COVID-19 Variants).
- Executive Order 21-90 (Student Transportation Order).
- Executive Order 21-96 (Increasing Teaching and Administrative Staff Capacity).
- Executive Order 22-06 (Quarantine and Isolation Order).
- Executive Order 22-08 (Adjusting Work Requirements for Registered Nurse Graduates).
Coincidence? Me Thinks Not.
From ScotusBlog :”The Supreme Court has carved out an exception for cases that are “capable of repetition, yet evading review.” In other words, if the issues may arise again and will often or always face timing challenges, the federal courts should not dismiss such cases for mootness and may continue to hear the litigation.”
From Richard Southwell – Lead Plaintiff Southwell V. McKee
Rhode Island parents are thrilled that the state will no longer dictate that their children wear masks to school. However, the Courts still need to resolve the issue of whether the Governor and Department of Health imposed the mandates lawfully in August 2021. This can NEVER be allowed to happen again and we will vigorously oppose the State’s motion to dismiss.
The Motion
MISO Motion for Judgment on the Pleadings 2.23.2022
The Video That Changed Everything
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