Marie Farrell, et al. v. Kathleen Hochul, Governor of New York, et al.
SocialSecurity DueProcess JusticiabilityDoctri
Where the State Executive utilizes its executive agencies (i.e. the New York State Department of Health) to promulgate a law, namely, the State-wide school mask mandate, that directly conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415(j), have Petitioners shown (1) a likelihood of success on the merits, (2) irreparable harm, and (3) that an injunction is in the public interest?
Whether the State Executive's promulgation of a statewide school mask mandate that conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415(j) satisfies the requirements for a preliminary injunction, including likelihood of success on the merits, irreparable harm, and the public interest