Lawyers for Florida Gov. Ron DeSantis filed the emergency appeal after a judge ruled on Wednesday that the state of Florida must stop their enforcement of a mask ban.
The latest court ruling comes amid a showdown between the state and some local school districts that have insisted on requiring students to wear masks as Covid-19 infections surge.
On August 27, Second Circuit Judge John Cooper ruled against DeSantis, allowing Florida schools to institute mask mandates while the case was appealed at a higher level.
Cooper ruled that DeSantis had overreached when he issued an executive order in late July directing the Florida Department of Education and the Florida Department of Health to issue emergency rules giving parents a choice on whether their children should wear masks in class.
The state threatened to withhold funding from districts that violated the order and required masks, but 13 Florida school districts have implemented mask mandates without a parental opt-out in defiance of the governor.
This is a developing story and will be updated.