“…Aside from lacking any authority over locally elected boards of education, the Attorney General’s orders did not follow Missouri law and were therefore without legal force or effect. Neither Attorney General Schmitt nor his successor has disavowed the orders, and in fact, the Attorney General continues to insist that school districts lack the very authority granted them under Missouri law…”
“…The Attorney General has argued that his letters were standard cease and desist letters that any prospective litigant is free to send as a precursor to litigation. The Court rejects this post-hoc rationalization because it ignores both the tenor and threat of future orders of the letters and the social media posts the Attorney General distributed to amplify them. It also elides the interpretation of the orders the public had of the Attorney General’s authority. The letters were not supported by statute or legal precedent and were subject to misinterpretation of the laws of the State of Missouri. The clear intent of the Attorney General’s letters, particularly in view of his later communications and social media posts, was to leave the School District and the public with the impression he had authority he did not have…”
It’s always too easy.
We don’t allow ignorant comments out of moderation to be linked with the original post, but we will present some of them in subsequent posts for the purpose of public derision and mockery. As we see fit.
This article is misleading and inaccurate! This happened in one district out of all he sued because they had put a pandemic ordinance in place about changing rules while under the SCAMdemic. You are just campaigning for democrats for those dumb enough to believe you. Y’all need to be held accountable! In fact, I’m gonna call attorneys right now and see if I can sue you personally for misleading me!
Rural party line, rotary dial, or push-button phone? Just asking.
By the way, the IP address and email address of all comments are attached to the original comment in our blog operating system.
Eric Schmitt @Eric_Schmitt
Lockdowns cause harm. Schools should remain open. Cloth masks are ineffective. Many hospitalizations/deaths are with and not from Covid. Vaccines aren’t preventing transmission. All labeled misinformation at one point —all true. #NoMaskMandates #NoLockdowns 7:57 AM · Jan 28, 2022
Make arguments like that in court. I dare you. Dumbass.
And now, overreaching authoritarian and incompetent boob.
Former Missouri Attorney General Eric Schmitt lacked any legal authority to order school districts to end COVID-19 mitigation measures, a Jackson County judge ruled Friday.
In his 18-page decision, Judge Marco Roldan concluded that the attorney general’s office did not follow Missouri law when it demanded last year that Lee’s Summit R-7 School District rescind the measures put in place to mitigate the spread of COVID-19.
Schmitt sued Lee’s Summit, along with 46 other school districts, then amplified his attacks on social media, “encouraging parents and students to defy the authority granted to the board of education by Missouri law,” Roldan wrote.
That led to “even greater confusion than the pandemic had already caused.”
“The attorney general lacked any legal authority to insert himself into the school district’s efforts to manage the COVID-19 pandemic,” Roldan wrote.
Via a link at the Missouri Independent:
Former Attorney General Eric Schmitt twice directed the Lee’s Summit R-7 School District to rescind its COVID-19 mitigation measures, even though its Board of Education had validly adopted those measures under Missouri statutes giving the Board of Education broad powers to control and govern the School District’s operations. The Attorney General did not identify statutes or constitutional provisions to support his order, resting his directive instead on a judgment in another case to which no school district was a party, and whose rationale did not apply to the School District. The Attorney General then amplified his orders on social media, encouraging parents and students to defy the authority granted to the Board of Education by Missouri law. Parents and students followed the Attorney General’s lead, leading to even greater confusion than the pandemic had already caused.
Aside from lacking any authority over locally elected boards of education, the Attorney General’s orders did not follow Missouri law and were therefore without legal force or effect. Neither Attorney General Schmitt nor his successor has disavowed the orders, and in fact, the Attorney General continues to insist that school districts lack the very authority granted them under Missouri law.
This case began with a petition filed by then-Attorney General Eric S. Schmitt on behalf of the State of Missouri. Several individual plaintiffs joined in the petition. Broadly speaking, the petition alleged that the Board of Education of the Lee’s Summit R-7 School District acted unlawfully by adopting a mask mandate in response to the COVID-19 pandemic. The School District denied many of the material allegations of the petition and asserted a counterclaim against the Attorney General. Its counterclaim sought a declaratory judgment that the Attorney General exceeded his lawful authority when he issued and publicized through social media letters to the School District and its Superintendent ordering them to rescind the School District’s mask mandate and abandon other COVID-19 mitigation measures.
The Attorney General and the individual plaintiffs voluntarily dismissed their petition less than two months after filing it, leaving only the School District’s counterclaim for the Court to resolve. Both parties have moved for summary judgment since there are no genuine issues of material fact and the School District’s counterclaim raises only questions of law. The Court agrees there are no material issues of fact. After carefully considering the arguments raised by the parties, the Court GRANTS the School District’s motion for summary judgment and DENIES the Attorney General’s motion for summary judgment.
The Attorney General also posted Facebook messages asking parents to notify him about “school districts continuing to enforce mask mandates and quarantines, in violation of the recent Cole County ruling” and to notify him of “mask mandates that are null and void under the judgment.”
The Attorney General has argued that his letters were standard cease and desist letters that any prospective litigant is free to send as a precursor to litigation. The Court rejects this post-hoc rationalization because it ignores both the tenor and threat of future orders of the letters and the social media posts the Attorney General distributed to amplify them. It also elides the interpretation of the orders the public had of the Attorney General’s authority. The letters were not supported by statute or legal precedent and were subject to misinterpretation of the laws of the State of Missouri. The clear intent of the Attorney General’s letters, particularly in view of his later communications and social media posts, was to leave the School District and the public with the impression he had authority he did not have.
The Attorney General’s December 7 and 9 letters to the School District, stating that the School District was bound by the Robinson judgment was an incorrect statement of the law and was interpreted by lay persons as the law of the State of Missouri.
The Court therefore GRANTS the School District’s motion for summary judgment and DENIES the Attorney General’s motion for summary judgment. As a result, the Court enters judgment for the Lee’s Summit R-7 School District, and declares that the Attorney General’s December 7, 2021 to the Lee’s Summit R-7 School District and his December 9, 2021 letter to the School District’s Superintendent exceeded the Attorney General’s authority, and had no legal force or effect.
IT IS SO ORDERED.
Interestingly, Eric Schmitt (r) has yet to say anything about this on social media.
These people take literally dozens of vaccines in the military – and it was just this one they refused to take – for political reasons.
If a soldier refuses a life-saving vaccine, will he refuse to save a brother in arms? They weren’t fired. They QUIT. I don’t want them back.
This one wasn’t a vaccine, it was an experimental drug that effects your very DNA that was illegally pushed on a captive audience.
They exist, apparently.
It’s what happens when you have an illegitimate regime full of diversity hires
That would be classified as a particularly obvious dog whistle.
For starters dbag, it is essential that military personnel have the ability to follow orders and recognize the chain of command.
The GOP wud weaken our military command by giving every soldier a choice of which rules and commands to obey. Military cannot work that way. Talk abt a Banana Republic. Can you imagine the day when every “who ha” in the U.S. has assault weapons & answers to a militia ldr, perhaps w/ a swastika on his uniform?
Maybe they were extra, you know like the Twitter employees you laughed about.
They were in the military and refused to follow an order. Of course they were fired. They have shown they will not follow orders.
The military is about following orders, they were fired for not following orders. It’s pretty cut and dry.
no, they were fired for refusing to obey a lawful order.
They were ordered to get the vaccine. They didn’t follow the order so they deserve what they got. If you had served perhaps you’d understand what following lawful orders means. Instead you’re engaging in political theater to divide people. You’re a disgrace.
Eric, you are still stuck on Covid mandates?? You need to move on to something else that will actually help people, like banning assault type weapons, red flag laws, mandatory background checks for gun purchases. Any actual ideas for HELPING people, not just complaining!!
Your act is getting old
They made the choice to not have one vaccine. Their choice.
I’m fine if they don’t return. Follow guidelines or find a new career. The rest of us operate this way. Pretty simple.
If they cannot follow direct orders in peacetime what happens on the battlefield? They should not be in our military.
Look at Eric grandstanding!
It’s in his nature.
What are you doing about guns?
Don’t hold your breath.
Lost ball in high weeds. [….]
You should follow your logic and get rid of TB, malaria, and other vaccines.
Diversity Hire Austin is a disgrace
That would be classified as a particularly obvious dog whistle.
Why would we want them back? It would deteriorate troop cohesion and make us less safe.
The vaccines saved lives, stay in your lane
They failed to comply with a lawful order.
We also know that to have a safe and well prepared military, they receive many vaccines to keep them safe in other parts of the world. COVID vaccines did the same.
Well, they didn’t follow the rules, so…
How many vaccines are the military required to have or get before enlisting @Eric_Schmitt?
What other vaccines should members of the military not take? Get real.
I was in the military , the thought of not taking a vaccine was & is asinine
It’s one of freaking how many shots they got to get. Waaaah waaaah waaaah
How many other military vaccine requirements can be ignored?
Military preparedness is vital to our national security. Our troops receive a whole battery of vaccines to maintain their health and fitness. That’s their duty. If a vocal few can’t take orders then they shouldn’t have volunteered for service.
You don’t fire the military you ridiculous clown. Learn something about the UCMJ genius.
The military mandates dozens of vaccines for personal. Why did they not refuse those vaccines?
What’s nuts is being beholden to right-wing fantasy. We can’t have insubordination in our military.
From the moment that they decide to join the military, they know that they are required to take all available vaccines. They were given a direct order and they defied that order, and they were relieved of duty.
The military already has a ton of other required vaccines. Why should we give a shit about this
The Covid mandates for the military were not stupid. The military has many vaccines requirements. Covid killed millions, and made people sick. The military made the right call. Eric Schmitt you are way out of your league on the medical issue. Sit down and shut up.
My immunization record in the military was three pages long; you obey orders or GTFO. So f$&@ off POS #MAGATerrorisTraitoRacist
Who cares? It’s New Zealand. Focus on Missouri and the US, damn
It’s all he’s got. That and naming Post Offices.
Caring for the people of New Zealand through 2 terms as PM during the last 6 years is quite an accomplishment. She’s an accomplished leader
Everyone hates you
No one will remember you.
Imagine being human enough to step down from such a huge position of power because you know when to step down? Ask your colleagues that question. What a terrible comment.
As much as Hawley is an embarrassment you are much worse.
Good lord – now he thinks he has an international platform. #NewZealand had 2400 deaths with 90% of their population vaccinated. You, on the other hand, sued school districts who were keeping kids safe. #StopThisSchmitt
EL PASO, Texas – The U.S. Supreme Court, in a 5-4 ruling Tuesday, granted a GOP request to prevent the winding down of the Title 42 immigration policy – and agreed to decide in its February argument session whether 19 states that oppose the policy should be allowed to intervene in defense of it in the lower courts.
Under Title 42, immigration authorities were able to quickly remove many of the migrants they encountered – without giving them a chance to ask for asylum protection or other protections under U.S. law. The restrictions were put in place as a public health order by former President Donald Trump’s administration in March 2020 when COVID-19 was just beginning to surge in this country.
From the dissent:
SUPREME COURT OF THE UNITED STATES
No. 22A544 (22–592)
ARIZONA, ET AL. v. ALEJANDRO MAYORKAS,
SECRETARY OF HOMELAND SECURITY
ON APPLICATION FOR STAY
[December 27, 2022]
Reasonable minds can disagree about the merits of the D. C. Circuit’s intervention ruling. But that case-specific decision is not of special importance in its own right and would not normally warrant expedited review. The D. C. Circuit’s intervention ruling takes on whatever salience it has only because of its presence in a larger underlying dispute about the Title 42 orders. And on that score, it is unclear what we might accomplish. Even if at the end of it all we find that the States are permitted to intervene, and even if the States manage on remand to demonstrate that the Title 42 orders were lawfully adopted, the emergency on which those orders were premised has long since lapsed.
The only plausible reason for stepping in at this stage that I can discern has to do with the States’ second request. The States contend that they face an immigration crisis at the border and policymakers have failed to agree on adequate measures to address it. The only means left to mitigate the crisis, the States suggest, is an order from this Court directing the federal government to continue its COVID-era Title 42 policies as long as possible…
But the current border crisis is not a COVID crisis. And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort.
Eric Schmitt @Eric_Schmitt
Dr Fauci was the high priest of COVID tyranny. The smoke signals from his Fauci candles destroyed the lives and livelihoods of millions. I joined @Varneyco to talk about our 7 hour deposition of Fauci.
[….] 12:19 PM · Dec 6, 2022
Apparently winning the election has further encouraged you to embarrass both Missouri and yourself. [….]
My friend was 43. She died 14 days after returning from the Covid infested swamp that is Florida. But her 7 and 5 yr old have great pictures to remember her by. I blame ppl like you. Trump admitted to Bob Woodward, on tape, that he downplayed the virus. Ppl died bc of you ppl.
Wait – don’t tell me: you leave out cookies for Santa Claus?
Quite the Fox regular.
Without a hint of irony, Schmitt says Fauci used his “signature condescension.” What a fricking hypocrite. He deposed Fauci for 7 hours and came away with nothing. Heckuva lawyer.
“high priest of COVID tyranny”
You are such a joke.
nah! Dr Fauci is a true HERO. BTW Q did u meet POLIO?
What a joke you are, and what a joke Missouri is for electing such a ridiculous clown. You should be sued for all the taxpayers’ money you’ve blown on your antics.
You’re a d disgrace and wasting time and money for this dumb political theater.
Why don’t you do something that will actually improve people’s lives?
Says noted medical expert. Oh wait
U r a frkn moron…get bent!
Most would say YOU were the high priest of Covid tyranny!! YOU sir, a “lawyer” attempted to override the advice of MEDICAL PROFESSIONALS during a GLOBAL pandemic to boost YOUR senate run. It was your ONLY platform. You’re a freaking disgrace. Get lost.
It’s hard to find descriptors for what a terrible person you are
Many come to mind.
Oh, you mean the scientist who served under 7 presidents but you somehow believe you’re better informed? [….]
What an embarrassment to Missouri.
You, Hawley and Trump are the high priests of fascist Constitution canceling.
This is really kooky rhetoric.
High priest of covid tyranny..
Actually, buddy, I wonder if it’s possible to figure out how many Missourians died or developed long COVID as a result of your ridiculous lawsuits. Unlike you, Fauci saved lives.
To Dems, Dr. Fauci is just a respected doctor and scientist. It’s Republicans who throw religion and politics into the discussion to obscure the truth. “High priest” ??? It’s SCIENCE, not voodoo. Stop being an embarrassment to our state.
Dr Fauci saved millions of lives. You are a disgusting human being and I’m ashamed you will be my senator
I’m sorry you’re so stupid
Who was running the country at the time, you morons?
Oh, fuck every single way off with this horseshit.
You do realize that science evolves right and so do recommendations. Just think of all the families that could have been affected by death and Dr Fauci saved them. You are a fool and prove it daily.
What an irrelevant idiot you are. Clearly you have no idea about medicine or actual responsibility
You’re a fcking moron and an embarrassment to Missouri
RSMo § 167.181. Immunization of pupils against certain diseases compulsory — exceptions — records — to be at public expense, when — fluoride treatments administered, when — rulemaking authority, procedure. — 1. The department of health and senior services, after consultation with the department of elementary and secondary education, shall promulgate rules and regulations governing the immunization against poliomyelitis, rubella, rubeola, mumps, tetanus, pertussis, diphtheria, and hepatitis B, to be required of children attending public, private, parochial or parish schools. Such rules and regulations may modify the immunizations that are required of children in this subsection. The immunizations required and the manner and frequency of their administration shall conform to recognized standards of medical practice. The department of health and senior services shall supervise and secure the enforcement of the required immunization program. [….]
Governor Mike Parson @GovParsonMO
As long as I am Governor of Missouri, I will do everything under my authority to never let the federal government mandate COVID vaccines in our schools. 3:03 PM · Oct 20, 2022
Also today, in Oklahoma:
Governor Kevin Stitt @GovStitt
Regardless of what the CDC says, as long as I am governor, we will never force kids to get a COVID vaccine to go to school. 2:41 PM · Oct 20, 2022
It took twenty-four minutes for the talking point of the day to register with the sock puppet.
AND you helped Missourians die of COVID by fighting
public health orders.
BTW, Where do you stand on democracy and the rule of law?
Exactly what is this supposed to be in reference to? New @GOP Hail Mary cause y’all are losing?
Do you even give a Schmitt for the over 25,000 MO residents who have died from Covid?
As of yesterday, the official count of Missourians dead from #covid19 is 21,514. I respect you for fighting for Freedom, but you may have been wrong. Who knows how much worse it would have been, if we hadn’t masked, or vaxed? People are still dying today. How about next time?
You have a strange concept of freedom. How much freedom does a person have when they’re confined to a hospital bed with covid? Hooked up to a ventilator? Buried six feet under? Disabled because of long covid?
This guy immediately turned women into 2nd class citizens in MO when Roe was overturned. The government has control over your body not you. If you put him in the senate his views will go nationwide. Women deserve respect and this guy is just not it. He already showed you.
Why do maga cult candidates like you always espouse false narratives?
Fauci isn’t against freedom, he’s an expert professional who was trying to save lives
And you got in the way of saving lives!
The sick thing is that people died needlessly because of the political game you wanted to play. And they were your voters, but you’re so confident that you’ll win, you figured you had voters to spare. Disgusting.
You’ve never been right, quit lying
You fought against the will of the people & did what your donors told you to do
Freedom from science. Eric can only say this because he actively fought documenting the impact of Covid in MO.
No. You weren’t about anything.
No. You were political.
And people died because of it. Can’t believe you’re proud of this statement.
I’m confused. You’re a hillbilly from Bridgeton with a GED. Fauci is an expert infectious disease medical professional. How did you win??? [….]
Every step of the way you fought against the common sense of local parents and school boards
and you were wrong.
People died because of people like you in positions of power and influence who spread false information. May you be granted Grace when your ambitions allow.
You sued China for hoarding masks and keeping them from Missourians, then you sued Missouri schools for requiring masks to protect our students.
You fought for COVID. You fought for Trump. You fought for @GOP propaganda.
You never fought for freedom.
Ah anti-intellectualism. Lies are the MAGA Trumpster’s battlecry.
How many Missourians died because of your “freedom”. It’s sick that you are proud of it.
The dead Missourians can’t share their side.
Schmitt is too extreme for Missouri. 21,500 dead Missourians aren’t free, they’re dead.
It’s exactly what quack would do, fight against Science.
There are thousands of Missourians who would disagree with you if they weren’t dead.
You’re truly a moron.
Nah, you’re a political hack. Just doing stuff to engage your psycho base and scare ppl, you didn’t do anything to help, you fought and wasted our money to actively make stuff worse. Resign idiot.