Judging Freedom - The Fate of a PA school board & Mask Mandates
Episode Date: March 31, 2022#maskmandates #schoolboardSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. ...
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Hello there, everyone.
Judge Andrew Napolitano here for Judging Freedom.
Today is Thursday, March 31st, 2022.
It's about 1145 in the morning.
On a previous solo pop-up judging freedom episode, I was talking about the rights of parents with respect to controlling what their children do and see and hear and how they behave In the state of Pennsylvania, for example, the Supreme
Court of the state of Pennsylvania has ruled that mask mandates on government property are
unconstitutional. So if you own a business and you want your employees to wear masks like a restaurant,
you can do that. But if you are a local school board and you want the teachers and the children
to wear masks, in Pennsylvania you can't do it because the Supreme Court of the state has ruled
that under the state constitution, the state and every entity in the state is without authority to compel masks. Yesterday, a school board ordered the children to wear masks
anyway, and one of the parents challenged that decision before a trial court, same level of court
at which I once sat, but I sat in New Jersey. This is in Pennsylvania. In my opinion, the judge used a shotgun to kill a mosquito.
Instead of just invalidating the order of the school board, which told administrators and
teachers to require children to wear masks, this judge fired the members of the board of education who voted in favor of the mask that's
far of the mask requirement that's far too draconian those five people broke the law it's
not a criminal law they can't go to jail for it but but when a governmental entity refuses to comply with a ruling of a higher court.
Here, the Supreme Court of Pennsylvania, the remedy is not to fire everybody in the governmental entity.
It's to nullify whatever they did that is inconsistent with the higher court.
So I think this judge was wrong to fire the school board members.
First of all, they're popularly elected, so he's frustrating the public will. All they did was one vote that was wrong. The rest of
their vote, presumed voting, is presumably consistent with what they were elected to do.
So far too draconian. However, the judge's heart was in the right place. We all know that wearing masks
is wrong and crazy and unhealthy and was part of this nonsense we all went through for two years
when the government was scaring the daylights out of us and many people, myself among them, caved
rather than risk the consequences of trying to go somewhere without a mask on. The masks didn't
keep us healthy and didn't keep us safe. They were an illusion of health and safety. What they really
were was the government's efforts to control us. The Supreme Court of Pennsylvania, thanks be to
God, saw right through that and invalidated all mask requirements in the state issued by the government. Again, we're not talking about
on private property. The remedy for the school board failing to comply with that is simply to
nullify its order requiring masks. Firing people who are popularly elected for a variety of reasons
is way too heavy a hand.
We'll see where this one goes. Judge Napolitano, judging freedom.