Tennessee Students Can’t Challenge Covid Masking, Quarantine Law

Nov. 21, 2022, 4:20 PM

Eight minor students with disabilities lack standing to challenge a 2021 Tennessee law that bars local health, government, and school officials from ordering Covid-related quarantines or mandatory masking.

The students, who sued through their parents, failed to show the injury-in-fact under the Americans with Disabilities Act, the Rehabilitation Act, or the equal protection clause needed to sue in federal court, a 2-1 US Court of Appeals for the Sixth Circuit said.

Just because a law creates an express right of action doesn’t mean a plaintiff is injured whenever a defendant violates the statutory duty arising from the law, the majority …