Richmond, Va. (Newsradiowrva.com) - It appears likely that some of Governor Glenn Youngkin's new executive orders will get legal challenges. University of Richmond Law Chair Carl Tobias says there are several legal questions concerning the order that carves an opt-out for parents regarding masks in school buildings, and he sees potential challenges to other orders as well.
Tobias says if former Governor Ralph Northam's (D) interpretation of state law is correct, then masks would be required even without the public health order, which Youngkin ordered lifted on January 24th. Tobias says it is not clear if the executive order can go above state code. He also says there are constitutional questions that exist over who has control over such school regulations. Youngkin admitted to WRVA last week that school districts would have the constitutional right to determine their own rules, and there have been some reports that he could withhold some funding to force districts' hands, although that also runs into constitutionally murky waters.
Tobias says it is possible a lawsuit could come even before the order takes effect, meaning it is possible we could see one this week.