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Ex. SC-043 Order Primary source read

Disability Rights South Carolina v. McMaster, No. 21-2070, 24 F.4th 893 (4th Cir. Jan. 25, 2022)

Vacating in part the D.S.C. preliminary injunction of September 28, 2021 against enforcement of Proviso 1.108 (as to the Governor and Attorney General) for want of standing

United States Court of Appeals for the Fourth Circuit (Thacker, J.) · South Carolina (federal) (Court)

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The record

Jurisdiction
South Carolina (federal) · South Carolina
Level
Court
Authority
28 U.S.C. § 1292(a)(1); Art. III standing; Title II of the ADA and § 504 of the Rehabilitation Act (claims below)
Issued
2022-01-25 Jan. 25, 2022
Effective
n/a (post-period; recites the Q3 2021 instruments) (read as 2022-01-25)
End
n/a
In force
Jan. 25, 2022 (no end date recorded; counted as in force for 120 days)
Limitation types
Face-covering requirementSchools and child care
Addressees
  • Governor
  • Attorney General
  • Superintendent of Education
  • seven school districts (Greenville, Horry, Lexington One, Oconee, Dorchester Two, Charleston, Pickens)
Functions reached
  • IN instruction (record of the Q3 2021 school-mask regime)
  • WF workforce
Collection
South Carolina SC

Operative words

On August 24, 2021... Appellees brought this action... seeking to enjoin the Proviso's enforcement.... Several weeks after the Supreme Court of South Carolina issued its opinion in Wilson, and two days before it issued its opinion in Richland, the district court in this case granted Appellees' request for a preliminary injunction and enjoined the named defendants from enforcing the Proviso.... we vacate the district court's order granting the preliminary injunction as to those defendants and remand with instructions

Enforcement

n/a

Notes

Recites: SCDE's 2020-21 policy 'requiring face coverings to be worn on school buses and within public school facilities' (Aug. 3, 2020); Superintendent Spearman's memorandum that 'districts may not create or enforce any policy which would require the wearing of face coverings' for 2021-22; the Sept. 28, 2021 injunction; and post-injunction district mandates. Post-period instrument used only as the record of the Q3 2021 injunction.

Retrieval note

Cite it from this opinion's recital.