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Ducey promises to challenge 'rogue' judge's ruling overturning mask mandate ban

The Republican governor said Monday he'll be taking action to restore a state law that prohibits public schools from practicing mask mandates.
Credit: AP
Arizona Republican Gov. Doug Ducey arrives for a news conference to talk about the latest Arizona COVID-19 information Wednesday, Dec. 2, 2020, in Phoenix. (AP Photo/Ross D. Franklin, Pool)

PHOENIX — Gov. Doug Ducey vowed to challenge a Maricopa County judge's ruling that overturned a law he signed earlier this year to prohibit public schools from implementing mask mandates. 

On Monday, Superior Court Judge Katherine Cooper struck down Arizona's ban on face-mask mandates by school districts as unconstitutional, just two days before the ban was to have become law.  

Cooper ruled the ban on certain COVID-19 mitigation measures violated Arizona's so-called "single-subject rule" for passing legislation since the ban was inserted into a state budget bill and didn't pass as a separate bill. 

"The bill is classic logrolling - a medley of special interests cobbled together to force a vote for all or none," Cooper said in her 17-page ruling.  

Ducey called Cooper's ruling an act of judicial "overreach" and promised to challenge the judge's decision. 

"Today's decision is the result of a rogue judge interfering with the authority and processes of another branch of government," Ducey wrote in a statement.  "Further action will be taken to challenge this ruling and ensure separation of powers is maintained."

Arizona Attorney General Mark Brnovich, a Republican, said the judge's ruling would be appealed in court. 

"It’s unfortunate that left-wing groups want to undermine the legislative process and indoctrinate our children with critical race theory and force vaccines on those who don’t want them," Brnovich said.

Others championed Cooper's ruling as a positive step toward allowing school districts to make decisions about health policy. 

The Phoenix Union High School District had been practicing universal masking since early August, despite the governor's objections. 

In a statement, Phoenix Union said Monday it was pleased with Cooper's decision. 

"From day one, we have been committed to safely reopening our schools and doing everything in our power to provide uninterrupted in-person learning," the district said.   

The Arizona School Board Association celebrated Cooper's ruling and said it may push the Arizona Legislature to engage in an honest budget-making process.

"ASBA applauds the ruling today that allows school boards to exercise local decision making, based on local conditions, in determining whether to have a mask requirement in their schools," the association stated.

RELATED: Arizona schools with mask mandates better at avoiding COVID outbreaks, CDC study says

RELATED: Mesa Public Schools seeing higher rate of transmission for COVID-19

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