Louis J. Virelli III discusses with WFSU the legal battle of schools reopening

By Ryan Dailey
WFSU
Aug. 25, 2020

Excerpt

Professor Louis Virelli teaches constitutional law at Stetson University – he explained why a stay is commonly applied in high profile cases on appeal.

“When that appellate court makes a decision, if it is different than the decision the trial court made, then whatever the trial court put into effect will have to be reversed,” Virelli told WFSU Tuesday. “So, if the teachers are in the classroom they can be brought out, or vice versa. In a situation like that, the appellate court often stays the trial court decision in order to keep the status quo in place, so we avoid lurching back and forth between all these dramatic changes, while we’re waiting for the final decision on appeal.”

Virelli says the same thing can happen between an appellate court and the state Supreme Court. He made clear why a stay is so often applied in cases involving the state:

“It would be common when the state is a party to the suit, because generally speaking, an instruction by the court to the state is going to have significant consequences to the people in that state,” Virelli said.

This article originally aired on WFSU and was published on WFSU’s website on Aug. 25, 2020, with the headline, “State’s Appeal In School Reopen Legal Battle Means Districts Still Under DOE’s Order, For Now.”

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Post date: Aug. 27, 2020

Media contact: Kate Bradshaw
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