Arizona Gov. Doug Ducey issued an illegal executive order that strips federal money from school districts with mask mandates.
To be eligible for the grant funding — $163 million in total — Arizona school districts must be open for in-person learning as of August 27 and must be “following all state laws,” including the ban on school mask mandates that Ducey signed into law in June.“Parents are in the driver’s seat, and it’s their right to make decisions that best fit the needs of their children. Safety recommendations are welcomed and encouraged — mandates that place more stress on students and families aren’t,” the governor said in a statement Tuesday. “These grants acknowledge efforts by schools and educators that are following state laws and keeping their classroom doors open for Arizona’s students.”
Ducey’s order is transparently illegal. There will be no long and drawn-out fight over it. Republican governors are having a problem with the basic concept in our governmental system that federal law supersedes state law or a governor’s executive order.
Unless the federal law specifically gives them the power to do so, usually in the form of a block grant, which CARES Act funding is not, governors do not have the power to direct federal funding. They most definitely do not have the power to impose terms and conditions of accessing the funds unilaterally.
Ducey’s order is the latest gesture of Republicans showing their contempt for democracy. Governors aren’t kings, and masks aren’t a culture war, but some Republican governors are attempting to sicken and kill kids for political gain.
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