Kristin BUTLER and Scott Bozarth, Plaintiffs,
v.
SHAWNEE MISSION SCHOOL DISTRICT BOARD OF EDUCATION, Defendant/Appellee, and
Attorney General Derek Schmidt, Intervenor/Appellant.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Gregory P. Goheen , of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause, and Rachel B. England , general counsel, was with him on the briefs for defendant/appellee Shawnee Mission School District Board of Education.
Scott Bozarth, plaintiff pro se, and Kristin Butler, plaintiff pro se, were on a supplemental brief.
Luke A. Sobba , of Topeka, was on the brief for amicus curiae Kansas Association of School Boards Legal Assistance Fund.
Miriam E. C. Bailey , of Polsinelli PC, of Kansas City, Missouri, was on the brief for amicus curiae The Kansas Chamber of Commerce.
Samuel G. MacRoberts , of Overland Park, was on the brief for amicus curiae Kansas Justice Institute.
Linus L. Baker , of Stilwell, was on the brief for amicus curiae collectively referred to as the Johnson County Plaintiffs in Case No. 21cv01942.
The opinion of the court was delivered by Biles, J.:
In this COVID-19 era case disputing public school policies mandating face masks, we confront a threshold question about the district court's decision to dive into constitutional waters to consider the validity of newly enacted legislation when none of the litigants asked it to do so and the court...
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