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Ex. MET-KC-082 Order Confirmed from a secondary source

Butler v. Shawnee Mission School District (Johnson County District Court, judgment July 2021) and the Kansas Supreme Court's stay order of Aug. 24, 2021

Judgment holding SB 40's expedited-review provisions unconstitutional; stay pending appeal restoring SB 40

Johnson County District Court (Judge David Hauber); Kansas Supreme Court (Chief Justice Marla Luckert) · Kansas (Johnson County District Court; Kansas Supreme Court) (Court)

The COVID Project

The record

Jurisdiction
Kansas (Johnson County District Court; Kansas Supreme Court) · Kansas City · Missouri
Level
Court
Authority
Kansas Constitution (due process; separation of powers) applied to SB 40 (2021)
Issued
2021-08-24 Aug. 24, 2021
Effective
2021-08-24 (stay) (read as 2021-08-24)
End
Appeal later dismissed as moot (2022; not verified) (read as 2021-09-30)
In force
Aug. 24, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Other
Addressees
  • counties, local health officers and school districts issuing COVID orders in Kansas
Functions reached
  • injunction and review history of the Johnson County school mask order (Ex. MET-KC-067) and the UG order (Ex. MET-KC-073)
Collection
Kansas City MET-KC

Enforcement

n/a

Notes

Kansas Reflector Aug. 24, 2021: the district court held the overhauled KEMA 'deprived relevant governmental units of due process while also violating the constitutional separation of powers'; the Chief Justice's one-page order stayed that judgment at the Attorney General's request, restoring SB 40's restrictions; the case arose from parents' 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