Arizona’s Supreme Court Rules Ban on Mask Mandates to be Unconstitutional


Ash Espinosa

On Wednesday, Nov. 3, 2021 the Arizona Supreme Court ruled the ban on mask mandates to be unconstitutional. This was taken into action after Arizona’s Legislature was found adding a ban on mask mandates to the state’s budget, part of the reconciliation maneuver. 

The start of the issue goes back to late September and prior, when the Maricopa County Superior Court initially issued a similar ruling. Moreover, The Arizona School Boards Association declared the Legislature of violating the state’s constitutional title requirements and single-subject ruling. 

Following the previous September ruling, multiple school districts decided to enact their own mask mandate in confrontation of the law and Governor Doug Ducey’s orders.

The Arizona Supreme Court agreed that the practice of placing unrelated policy legislation into budget bills violated the states Constitution’s ‘single-subject rule’ for bills. As of Nov. 3 the overall ruling remains undecided. 

  This recent ruling has caused several school districts and The Arizona Education Association to release statements regarding the mask mandate. Arizona Education Association (AEA) President Joe Thomas states, “This ruling puts the power of local control and decision making back in the hands of our communities. Now, our elected school boards can make decisions based on local conditions in determining whether to have a mask requirement to keep their students and school staff safe.” Ruling to be beneficial to The Arizona Education Association’s students, educators, and parents. 

Statements of Governor Duceyhave not been issued about his loss to the Arizona’s Supreme court, a court which has been majorly appointed by himself. However, Gov. Ducey continues to vocalize the holding of federal dollars from Arizona school districts, imposing a mask mandate. As stated on Tuesday, Nov. 2, 2021 by C.J. Karamargin, Gov. Ducey’s spokesman, “We believe every Arizonan should have the ability to make their own health decisions with the guidance of their doctor, not because of some government mandate.” 

Apart from the illegal passing of the ban on mask mandate it was found that the Legislature also added a series of measures in “unrelated budget bills” as started by 12News.