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Source and Scope of Public Health Legal Powers

Arizona School Boards Association Inc. v. Arizona


Arizona School Boards Association Inc. v. Arizona (Arizona Superior Court, Aug. 27, 2021): Several plaintiffs, including nonprofit organizations and individual plaintiffs, sued the state of Arizona, alleging that four recently passed budget reconciliation bills violated the title and single subject rules of the Arizona Constitution, and that one additionally violated the state constitution’s equal protection clause. The single subject rule generally requires that legislative bills encompass only a single subject, while the title rule requires that the title of a bill give notice of its contents. Though passed as budget reconciliation bills, the bills in question also limited schools’ abilities to implement mask mandates and other COVID-19 public health measures. Arizona’s Superior Court found the bills unconstitutional. Read the full decision here. On September 28, the state filed an appeal, though the superior court’s ruling currently remains in effect.

View all cases in the Judicial Trends in Public Health – October 15, 2021.

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