Biden Justice Department Takes On Texas School Mask Mandate Ban

Sept. 30, 2021, 2:22 PM

The Justice Department is urging a Texas court to strike down the governor’s ban on school mask mandates, marking the first time the nation’s top law enforcement agency is taking on the issue in court.

The U.S. Justice Department on Wednesday night filed a brief in support of parents’ claims that Gov. Greg Abbott‘s (R) order denies children with disabilities access to public education because they are at high risk of illness and death from the virus.

The brief is the latest in a series of steps the Biden administration is taking to knock down Abbott’s executive order. A trial in the case is scheduled for Oct. 6. The U.S. Department of Education is also separately investigating the ban.

The case is E.T. v. Abbott, W.D. Tex., No. 1:21-cv-00717, statement of interest filed 9/29/21.

To contact the reporter on this story: Courtney Rozen in Washington at crozen@bgov.com

To contact the editors responsible for this story: Bernie Kohn at bkohn@bloomberglaw.com; Carmen Castro-Pagán at ccastro-pagan@bloomberglaw.com

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