Colorado’s top court won’t hear lawsuit over governor’s mask order

An attempt by two Colorado conservatives to get the state Supreme Court to strike down a statewide mask order and other executive actions taken by Gov. Jared Polis to slow the spread of the coronavirus hit a roadblock Friday when the court declined to take up the case.

Colorado House Minority Leader Patrick Neville, a Castle Rock Republican, and activist Michelle Malkin filed their lawsuit against the governor late Wednesday. On Friday, a spokesman for the Supreme Court tweeted that the justices would not give the orders a review.

Neville and Malkin asserted in their suit that the Colorado Disaster Emergency Act — which gives the governor expanded powers in an emergency — is unconstitutional and violates the requirement that laws be passed by the state legislature. Among the orders they cited in their lawsuit was Polis’ July 16 directive that Coloradans wear masks in public.

They also asserted that more than three dozen other executive orders by Polis, the Colorado Department of Public Health and Environment, and the El Paso and Denver public health departments are unconstitutional, because they allegedly violate the separation of powers in state government.

The plaintiffs said before filing the suit that they’d take it to a Denver court if the state Supreme Court declined to hear it.

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