{"id":"MET-KC-082","kind":"order","level":"court","jurisdiction":"Kansas (Johnson County District Court; Kansas Supreme Court)","state":"MO","metro":"KC","industry":"","agency":"","eco":"","issuer":"Johnson County District Court (Judge David Hauber); Kansas Supreme Court (Chief Justice Marla Luckert)","authority":"Kansas Constitution (due process; separation of powers) applied to SB 40 (2021)","instrument":"Butler v. Shawnee Mission School District (Johnson County District Court, judgment July 2021) and the Kansas Supreme Court\u0027s stay order of Aug. 24, 2021","title":"Judgment holding SB 40\u0027s expedited-review provisions unconstitutional; stay pending appeal restoring SB 40","dateIssued":"2021-08-24","effective":"2021-08-24 (stay)","end":"Appeal later dismissed as moot (2022; not verified)","startDate":"2021-08-24","endDate":"2021-09-30","quarters":["2021Q3"],"types":["OTHER"],"addressees":["counties, local health officers and school districts issuing COVID orders in Kansas"],"clause":"","enforcement":"n/a","functions":["injunction and review history of the Johnson County school mask order (Ex. MET-KC-067) and the UG order (Ex. MET-KC-073)"],"notes":"Kansas Reflector Aug. 24, 2021: the district court held the overhauled KEMA \u0027deprived relevant governmental units of due process while also violating the constitutional separation of powers\u0027; the Chief Justice\u0027s one-page order stayed that judgment at the Attorney General\u0027s request, restoring SB 40\u0027s restrictions; the case arose from parents\u0027 challenge to the Shawnee Mission School District mask policy; Johnson County Post Sept. 7, 2021: M.M.C. suit against the county school order assigned to Judge Hauber","sourceUrl":"https://kansasreflector.com/2021/08/24/kansas-supreme-court-issues-stay-of-lower-courts-rejection-of-emergency-management-law/","snapshot":"","fileExists":false,"fileBytes":0,"grade":"secondary","character":"","description":"","collection":"MET-KC","url":"/library/MET-KC-082","exhibitUrl":null,"citation":"Johnson County District Court (Judge David Hauber); Kansas Supreme Court (Chief Justice Marla Luckert), Butler v. Shawnee Mission School District (Johnson County District Court, judgment July 2021) and the Kansas Supreme Court\u0027s stay order of Aug. 24, 2021 (Ex. MET-KC-082)","stateName":"Missouri","related":["MET-KC-067","MET-KC-073"]}