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Students wait to be picked up by their parents at Pershing School in Orlando, Florida on August 30, 2021. Photo: Paul Hennessy/SOPA Images/LightRocket via Getty Images

Second Circuit Judge John Cooper on Wednesday upheld Florida schools' ability to enforce mask mandates, ruling against Florida Gov. Ron DeSantis' (R) appeal, CNN reports.

Why it matters: The ruling brings a pause to the state of Florida’s enforcement of mask bans — which up until this point had included withholding funds from school districts with mandates — until a higher court rules on the appeal.

The big picture: DeSantis appealed an earlier ruling by Cooper that protected school districts' mask mandates. The ruling stated that the governor's executive order banning the mandates was "without legal authority," Axios previously reported.

  • DeSantis' appeal spurred a pause on mask mandates while a ruling was made, CNN notes.
  • DeSantis' appeal will now be heard by the First District Court of Appeal, CNN reports. "They'll thoroughly consider the arguments of all parties, and they'll make a decision, then it may or may not end up at the Florida Supreme Court," Cooper said.

What he's saying: "It's undisputed that the Delta variant is far more infectious than the prior to their prior version of the virus, and that children are more susceptible to the Delta variant than to the form from a year ago," Cooper said.

  • "In particular for children under 12, they cannot be vaccinated. Therefore, there's really only one or two means to protect them against the virus as either stay at home, or mask."

Go deeper: Florida school districts face mask free-for-all after judge strikes down DeSantis ban

Go deeper

Appeals court scraps order mandating COVID protections for immigrant detainees

ICE detention center in downtown Los Angeles. Photo: Mark Ralston/AFP via Getty Images

Judges on a federal appeals court Wednesday voted 2-1 to overturn an order requiring authorities to monitor and possibly release immigrants being held at detention centers if they are at high-risk for long term COVID-19 complications, the Los Angeles Times reports.

Why it matters: In its ruling, the San Fransisco-based panel said a federal district judge overreached in 2020 when he issued a preliminary injunction requiring the monitoring. The Trump administration appealed that ruling, and Biden's Justice Department continued to argue against it when he took office.

Oct 20, 2021 - Health

FDA authorizes mix-and-match for COVID booster shots

Photo: Francine Orr/Los Angeles Times via Getty Images

The Food and Drug Administration (FDA) on Wednesday gave its approval for Americans to get booster shots that are different from the COVID vaccine they initially received.

Why it matters: The recommendation from the FDA, which also authorized booster shots for people who received Moderna and Johnson & Johnson vaccines on Wednesday, paves the way for an expansion of booster shots.

Oct 20, 2021 - Health

In-N-Out refuses to follow San Francisco's vaccine mandate

Photo: James Leynse/Corbis via Getty Images

The California burger chain In-N-Out is refusing to follow San Francisco's vaccination mandate, which requires restaurants to check for customers' proof of vaccination to dine indoors, the Washington Post reports.

Driving the news: The San Francisco Public Health Department has had to remind employees multiple times to check for proof of vaccination since September, ultimately resulting in the city's only In-N-Out location getting shut down on Oct. 14. It is the only time the agency has ordered a restaurant's closure over a mandate violation, officials told the Post.