Arlington Judge Rules in Favor of Forced Masking of Kids


by Kerry Dougherty

Amidst the cacophony of leftist celebrations Friday — the high fives, the gloating — over an Arlington County Circuit Court judge’s ruling that the forced masking of school children can continue in Virginia, one important wrinkle went unexplored by the mainstream media.

Once again, only Luke Rosiak, a reporter for The Daily Wire, had the curiosity to dig a little deeper.

That’s when he discovered that it appears the judge’s husband may be employed by one of the plaintiffs in the case.

If so, she never should have heard this case.

It appears that Judge Louise DiMatteo is married to one Mike Megargee, who’s listed as a current science teacher at Wakefield High School in Arlington County. The Arlington County School Board — his employer — is one of the plaintiffs in the case.

Unless the couple has recently uncoupled and none of the family income originates with the school district, this situation would seem to present a big, honking conflict of interest for the judge.

Remember, judges are expected to recuse themselves from cases to avoid even the appearance of a conflict.

Not that it would have made much difference in the outcome.

Arlington in the heart of Northern Virginia is a hotbed of liberals, and the judges there are nominated by the local delegation of Democrats and elected by the General Assembly. As soon as this lawsuit was filed in that jurisdiction, many of us predicted exactly this outcome.

For reasons that still escape me, so-called liberals are the strongest supporters of mindless government mandates and fiats that deprive citizens of their civil liberties. It wasn’t always this way.

Back to the case. This is just the beginning. The Youngkin administration will appeal the ruling and hopefully higher courts will return common sense to the commonwealth.

If not, State Sen. Chap Petersen — a Democrat — has pledged to join with Republicans to find a legislation fix for this inhumane treatment of Virginia’s school children.


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34 responses to “Arlington Judge Rules in Favor of Forced Masking of Kids”

  1. LarrytheG Avatar

    And if the courts don’t rule the way that Kerry and like-minded want, they will include the courts in the ‘they are all leftists” idiocy – effectively politicizing the judicial system also.

    If we don’t do what the Conservatives want – there is hell to pay.

    Forget the laws, the Constitution, the Courts – if’s about what Conservatives believe and demand – or else.

  2. tmtfairfax Avatar
    tmtfairfax

    Does anyone have a link to the Judge’s order? It seems that it should be the starting place.

      1. tmtfairfax Avatar
        tmtfairfax

        At first blush, the order, dealing with temporary relief, seems reasonable on its face.

        However, I wonder about the constitutional power of school board issue since most of the plaintiff school boards seemed to have readily obeyed Northam’s COVID orders and indicated they were bound by such orders. Of course, the actual words used are important and can be determined during discovery. From a legal perspective, I think that there’s big difference between saying we have reviewed Governor Northam’s COVID orders and decided to follow them and we are bound by Governor Northam’s COVID orders. If there is good evidence of the latter, I would think the school boards would be estopped from raising the argument about their constitutional authority. A school board cannot pick and choose when it must obey executive orders.

  3. Penrosian Avatar

    “But attorneys for both the school boards and for Youngkin said DiMatteo voluntarily disclosed her spouse’s employment. Neither party objected or viewed her spouse’s job at an Arlington school as a conflict of interest, agreeing that DiMatteo should continue on the case.”
    [Source]

    1. VaNavVet Avatar

      Much easier for Kerry to just say “might” and “appears” then to actually look into the matter. The research would demonstrate that it did not fit her hyperbolic narrative after all.

      1. Nancy Naive Avatar
        Nancy Naive

        Ask any prisoner why they’re inside and they’ll say the same things, “I had a lousy lawyer,” or “the judge had it in for me.”

        Losers all sing the same song.

  4. walter smith Avatar
    walter smith

    I had a Judge once offer to recuse himself, and my lawyer said he was a fair guy and we went forward and he screwed me over in favor of the guy who served in the reserves with him.
    Moral of the story – recuse them every time offered.
    As to the masks, go ahead and celebrate. They don’t work. And all the squishy, pampered suburbanite Moms who were convinced OrangeMan was the end of the world will become more and more anti-Dem. Besides the science being bad, the Dem leaders going maskless while their serf/peon/lab rats wear the useless mask of submission is not a good look.
    Stacey Abrams? French Laundry? Dr. St. Fau(x)ci of of gain of function hydrating fame at the Nats game? (Did you know his wife was the Biomedical Ethics czar at NIH and goes by a different last name, like this case?) Jim Ryan in the big donor box at a football game? Pelosi’s fundraiser at a vineyard with all her unmasked donors while all the almost exclusively brown, masked people served them OUTSIDE?
    You people are sick.

    1. Stephen Haner Avatar
      Stephen Haner

      Was in the Y yesterday all by myself in the room. In walks a couple, fully masked, who got on two treadmills easily 40-50 feet away, kept their masks on the whole time, me the only other person in the room, all the way across the room….You cannot explain to people that afraid that they need to relax.

      1. walter smith Avatar
        walter smith

        I think permanent damage to our society has been inflicted with Covid fear porn.
        A great article by John Tierney was in City-Journal yesterday about actual odds with Covid. Basically, if you are at 2 comorbidities or less and have been vaxed, you have almost no chance of Covid death.
        Kids are factors less. Then also considers likely huge numbers of natural…
        Time to go back to how we operated before.
        I love that Woodstock happened during a worse flu and somehow all the dirty filthy pot-smoking hippies didn’t die.

      2. It’s a new religious cult – the Mask Covidians*.

        * – Not original to me. Over the weekend I heard someone else use the term.

      3. Eric the half a troll Avatar
        Eric the half a troll

        Why are you upset when a couple is showing common courtesy in the gym…?

        1. Nancy Naive Avatar
          Nancy Naive

          Because Republicans stopped that 21 years ago.

        2. walter smith Avatar
          walter smith

          Oh…THAT’S what you call it! Wanna bet they drive to the Y masked?
          Get real.
          The Fauci Flu fear fest needs to end. The Fauci needs to be prosecuted for funding gain of function “research” and lying about it.
          Did you know he gets to distribute about a billion a year in “research” – coked up puppies…killing orphans…letting AIDS patients suffocate instead of being saved by Bactrim… Sound at all familiar?

          1. Eric the half a troll Avatar
            Eric the half a troll

            That is not just what I call it, that is what it is. Common courtesy… Read the room, Governor!!

          2. walter smith Avatar
            walter smith

            I bet you were one of those crazed TDS people with a Bob Mueller prayer candle, weren’t you?
            False gods, dude

      4. Nancy Naive Avatar
        Nancy Naive

        If I saw you, I’d stay 50′ away and masked up too.

  5. Nancy Naive Avatar
    Nancy Naive

    Ah, the ol’ Mexican judge dodge! Only Karen.

  6. JonathanSwifter Avatar
    JonathanSwifter

    Lockdowns did little to slow the spread of Wuhan virus:

    https://www.city-journal.org/new-study-finds-covid-lockdowns-had-no-benefit

  7. Stephen Haner Avatar
    Stephen Haner

    Well, as soon as I read that bill the General Assembly Republicans agreed to last year, giving away control over masks in schools to the CDC, it was clear what an Arlington judge would do. It was a proper question for the courts: Which takes priority, that statute or a gubernatorial EO or some other statute about parental rights. When statutes are in apparent conflict, a judge gets called in. I doubt the Virginia Supremes will differ, but we’ll see.

    Agreed, this judge should have recused herself. It likely wouldn’t have changed the outcome.

    Kerry, these people are not classic liberals. They are totalitarians, determined to run all of our lives in more ways than you can count. The Constitution and Bill of Rights are classic liberalism at work, compared to the ruling philosophy of their day.

    How’s about this? https://www.msn.com/en-us/news/politics/new-jersey-governor-ending-school-mask-mandate-report/ar-AATyY69?ocid=uxbndlbing

    In Virginia, we may be stuck with masks for MONTHS beyond the rest of the country because of that stupid bill….CDC moves like a snail.

  8. Kathleen Smith Avatar
    Kathleen Smith

    Kerry, how much time and money does Youngkin want to waste on a mute point. Mask or no mask, in Chesterfield, kids who are not vaccinated must quarantine every time a Covid case occurs in their classroom. My granddaughter had eight kids in her class last week. The kids quarantined receive a package of work for him. Some have been quarantined more than once. Would wearing a mask have helped that? Probably not as much as a vaccine. Waste the time on what counts, vaccinations. For Dems, fight for what really counts, ensuring kids are vaccinated. If Republicans want to stand on that hill opposed, so be it. If they don’t, then even better. Leave the mask battle as lost. In the end, which is better time and money spent?

    1. LarrytheG Avatar

      I’d be curious to hear Kerry’s response.

      1. Nancy Naive Avatar
        Nancy Naive

        Kerry doesn’t respond. Just sits in the stall rolling little balls of wit.

        1. One of my favorite examples of bathroom graffiti was written on the wall of a stall, just below the toilet paper dispenser: “If you can read this you are sh!tting at a 45 degree angle”

        2. James C. Sherlock Avatar
          James C. Sherlock

          Admit it. It drives you crazy that she doesn’t care what you write.

          1. Nancy Naive Avatar
            Nancy Naive

            Makes us even.

    2. killerhertz Avatar
      killerhertz

      Interesting boomer take. You argue that we shouldn’t fight this battle because it isn’t worth fighting? Lost cause? Requiring children to wear a piece of fabric over their face for 8 hours a day that causes more harm than good is trivial? There are plenty of studies I could provide if you even cared but that’s not what this is about.

      Ideas like yours are what’s going to drive more people to private and homeschool, which is the ideal outcome. In which case this sort of stupid compliant mindset doesn’t find refuge in the future.

      1. Kathleen Smith Avatar
        Kathleen Smith

        What I am saying is the problem isn’t masks, it is not being vaccinated. The time spent on masks is useless and wasted. Spend time on what matters. If hour kid is sent home for five days because he isn’t vaccinated, then he/she will not receive classroom teaching.

        1. killerhertz Avatar
          killerhertz

          The vaccine is garbage too. Anyone vaccinating their children at this point is either illinformed or a mindless dolt. If you don’t believe me, look at the latest case and death data out of Israel, which is one of the earliest and highest mrna vaxxed (Pfizer) countries. The only people who should be taking it at this point are elderly and those with multiple commodities.

    3. Nancy Naive Avatar
      Nancy Naive

      Moot, albeit ‘twould have better if Youngkin were mute, or at least kept his mouth shut and his hands in his pockets.

      1. killerhertz Avatar
        killerhertz

        It’s a moo point to correct there spelling and grammer sinse they probably attended gubermint skools.

        1. Nancy Naive Avatar
          Nancy Naive

          You misspelled Grandma.

      2. Thanks. You saved me from posting my own “Pedantic Comment of the Day”.

        1. Nancy Naive Avatar
          Nancy Naive

          Should we coordinate?

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