Florida facing possible federal lawsuit over school mask mandates

President Joe Biden is threatening to take states to court if they don’t institute school mask mandates to combat the current COVID-19 surge. This begs the legal question: Would the case be framed as a matter of education or public health?

In court, it can’t be both. If this issue is categorized as a public health emergency, it is under the jurisdiction of the federal government. Interesting loopholes are being taken advantage of all across the country: The Paris Independent School District in North Texas got around Gov. Greg Abbott’s ban on mask mandates by making masks part of its dress code.

Pamella Seay, a legal expert from Florida Gulf Coast University, says the federal government’s framing will determine its success in a case against any state government.

“The question is, would the federal government win?” Seay said. “It depends on how they frame their argument. If they frame it as a public health concern, and as an emergency. My belief is that yes, they can win. If they frame it as an education question, then I believe they would lose. So, you know, there’s a balancing issue here, and a question of what direction they will take.”

In the U.S. Constitution, “The supremacy clause” says the federal government has providence over almost everything, if and only if it is written into the constitution. The word education does not appear in the constitution. So that’s where the conflict arises

“My guess is they’re going to frame their question and request as part of a public health emergency question,” Seay said. “If it is a public health emergency question, chances are they will likely win. And the result would be that the mask mandate ban for schools could be lifted, so that there could be a requirement for masks in schools.”

In an announcement on its website, the Department of Education said policies that ban mask mandates could amount to discrimination if they lead to unsafe conditions that prevent students from attending school. That could make this a civil rights issue in court and give the federal government some fighting power. For the time being, however, this is just an investigation, and no legal action has been taken.