DISABILITY RIGHTS SOUTH CAROLINA; Able South Carolina; Amanda McDougald Scott, individually and on behalf of P.S., a minor; Michelle Finney, individually and on behalf of M.F., a minor; Lyudmyla Tsykalova, individually and on behalf of M.A., a minor; Emily Poetz, individually and on behalf of L.P., a minor; Samantha Boevers, individually and on behalf of P.B., a minor; Timicia Grant, individually and on behalf of E.G., a minor; Christine Copeland, individually and on behalf of L.C., a minor; Heather Price, individually and on behalf of H.P., a minor; Cathy Littleton, individually and on behalf of Q.L., a minor, Plaintiffs-Appellees,
v.
Henry Dargan MCMASTER, in his official capacity as Governor of South Carolina; Alan Wilson, in his official capacity as Attorney General of South Carolina, Defendants-Appellants, and
Molly Spearman, in her official capacity as State Superintendent of Education; Greenville County School District; Horry County School District; Lexington County School District One; Oconee County School District; Dorchester County School District Two; Charleston County School District; Pickens County School District, Defendants.
American Academy of Pediatrics; South Carolina Chapter of American Academy of Pediatrics; United States of America, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Vacated in part, remanded with instructions by published opinion. Judge Thacker wrote the opinion, in which Judge Niemeyer joined. Judge Wynn wrote a dissenting opinion.
THACKER, Circuit Judge.
The South Carolina legislature included a provision in the South Carolina state budget that prohibits school districts from using appropriated funds to impose mask mandates. Nine parents of students with disabilities who attend South Carolina public schools and two disability advocacy organizations filed suit against seven...
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