Virginia governor seeks dismissal of suit over school masks

RICHMOND, Va. (AP) — Gov. Glenn Youngkin has asked the Supreme Court of Virginia to dismiss a lawsuit challenging his executive order allowing parents to opt out of mandates requiring children to wear masks in school.

A filing late Thursday from the office of Attorney General Jason Miyares cites a state law that says parents have a “fundamental right to make decisions concerning the upbringing, education, and care” of their children. Miyares also argues that Youngkin's order falls well within the broad authority given to the governor to address the challenges of the COVID-19 pandemic.

Miyares argues that the executive order— issued by Youngkin on his first day in office — "restores to parents the authority to assess the risks and benefits COVID-19 poses to their children’s specific circumstances and to make the best decision for their children based on current health information."

School districts in Virginia have required masks in part under a state law passed in 2021 that requires in-person instruction during the pandemic and for schools to adhere “to the maximum extent practicable” to mitigation guidelines issued by the Centers for Disease Control and Prevention. The CDC currently recommends masking by anyone 2 or older, regardless of their vaccination status.

Since Youngkin issued his executive order on Jan. 15, he has faced pushback from school districts and Democratic lawmakers. A group of parents from Chesapeake filed the lawsuit in the Supreme Court of Virginia, saying Youngkin's order violates state law.

“Petitioners have no adequate remedy at law and no time to spare. They and their children are likely to suffer irreparable harm and damage if this Court declines to grant immediate relief,” they wrote.

Youngkin’s order said parents of any child in elementary...