{"id":"SC-043","kind":"order","level":"court","jurisdiction":"South Carolina (federal)","state":"SC","metro":"","industry":"","agency":"","eco":"","issuer":"United States Court of Appeals for the Fourth Circuit (Thacker, J.)","authority":"28 U.S.C. § 1292(a)(1); Art. III standing; Title II of the ADA and § 504 of the Rehabilitation Act (claims below)","instrument":"Disability Rights South Carolina v. McMaster, No. 21-2070, 24 F.4th 893 (4th Cir. Jan. 25, 2022)","title":"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","dateIssued":"2022-01-25","effective":"n/a (post-period; recites the Q3 2021 instruments)","end":"n/a","startDate":"2022-01-25","endDate":"","quarters":[],"types":["MASK","SCH"],"addressees":["Governor","Attorney General","Superintendent of Education","seven school districts (Greenville, Horry, Lexington One, Oconee, Dorchester Two, Charleston, Pickens)"],"clause":"On August 24, 2021... Appellees brought this action... seeking to enjoin the Proviso\u0027s 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\u0027 request for a preliminary injunction and enjoined the named defendants from enforcing the Proviso.... we vacate the district court\u0027s order granting the preliminary injunction as to those defendants and remand with instructions","enforcement":"n/a","functions":["IN instruction (record of the Q3 2021 school-mask regime)","WF workforce"],"notes":"Recites: SCDE\u0027s 2020-21 policy \u0027requiring face coverings to be worn on school buses and within public school facilities\u0027 (Aug. 3, 2020); Superintendent Spearman\u0027s memorandum that \u0027districts may not create or enforce any policy which would require the wearing of face coverings\u0027 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.","sourceUrl":"https://www.ca4.uscourts.gov/opinions/212070.P.pdf","snapshot":"","fileExists":true,"fileBytes":235360,"grade":"primary","character":"","description":"","collection":"SC","url":"/library/SC-043","exhibitUrl":"/exhibit/SC-043","citation":"United States Court of Appeals for the Fourth Circuit (Thacker, J.), Disability Rights South Carolina v. McMaster, No. 21-2070, 24 F.4th 893 (4th Cir. Jan. 25, 2022) (Ex. SC-043)","stateName":"South Carolina","related":["SC-057","SC-041","SC-045"]}