Skip to content
Search

Latest Stories

Follow Us:
Top Stories

State efforts to ban mask mandates in schools mirror resistance to integration

Opinion

Signs protesting mask mandates

An Aug. 23 Board of Education meeting in Schoolcraft, Mich., featured signs protesting mask mandates for students and staff.

Matthew Hatcher/Getty Images

Hornbeck is a postdoctoral research fellow of educational leadership and policy at the University of Texas at Arlington.


When the U.S. Supreme Court issued its 1954 Brown vs. Board of Education decision that struck down segregated public schooling, white Southern politicians responded to the decision with ferocity.

Although preservation of states' rights was at the heart of their resistance claims, it was the racist practice of segregation that they sought to uphold.

Sen. Harry Byrd of Virginia declared the ruling "the most serious blow that has yet been struck against the rights of the states." Thomas P. Brady, Mississippi circuit judge and future state Supreme Court justice, called the day of the ruling "Black Monday." Brady also claimed that racial integration was a communist plot to unify the country around one common culture.

Over 100 Southern House and Senate members signed a Southern Manifesto, vowing to stop school integration in what Byrd called a "massive resistance." The governor of Virginia, Thomas Manley, appointed a commission to explore legal options in the wake of the Brown vs. Board of Education decision. The Gray Commission, as it was known, recommended that no child in Virginia "be required to attend a school wherein both white and colored children are taught."

I don't bring up this Southern resistance to federal mandates that affect U.S. schools merely to recount history. As a researcher who focuses on the role of federalism in U.S. education, I believe this resistance helps shine light on why several Southern states today are pushing back against federal guidance for teachers and students to wear masks in schools to lessen the risks of contracting the more dangerous delta variant of Covid-19.

Defiance in spite of risks

In late July 2021, the Centers for Disease Control and Prevention and President Biden recommended students wear masks in schools to protect themselves and others from Covid-19.

Subsequently, Florida Gov. Ron DeSantis issued an executive order that banned schools in the state from requiring masks, claiming that the masks are unproven to be effective and might cause harm to children. The governors of Texas and Arizona took similar measures, leaving schools, concerned parents, teachers and vulnerable students few options and with little time before the school year began to decide how to respond. The Texas legislature is considering legislation that would make public mask requirements illegal.

A history of resistance

Southern states ignoring federal educational guidance is not new.

For instance, rather than integrate schools, Virginia elected to close many school districts and instead offer white students vouchers to attend private schools. The state legislature enabled this in 1956, when it passed laws that stripped local school boards of their power and put it in the hands of committees appointed by the governor.

When Lindsey Almond took over as governor of Virginia in 1957, he warned that integrated schools would lead to the "livid stench of sadism, sex, immorality, and juvenile pregnancy" that he claimed existed in nearby Washington's integrated school system.

Other acts of resistance

In Mississippi, things were little different than in Virginia. Gov. Hugh White thought that he might avoid integration by convincing Black residents to voluntarily agree to continue segregation. He promised more money for schools. He met with 90 Black leaders and asked for voluntary segregation. The plan failed when only one person at the meeting agreed to the proposal. As a result, the governor called a special session of the state legislature.

The legislature passed a bill that led to the closure of public schools in the state. Public schools would be mostly private and segregated. It took 16 years for Mississippi schools to comply with the Brown decision and fully integrate.

Other states resisted integration in similar ways, with various policies that privatized public schools, leading to the modern civil rights movement. The civil rights movement opened the door for a larger federal government role in educational policy. The Justice Department has the authority to investigate and prosecute schools under the Title IX provision of the Civil Rights Act of 1964 that mandates civil rights protection for students.

Fight against federal government continues

Fast forward to 2021 and governors and lawmakers in states such as Florida, Texas and Arizona are clamoring with a similar states' rights argument as their predecessors.

Like Virginia and Mississippi in the 1950s, these states are attempting to undermine federal intervention in schools. The U.S. Constitution creates a federal system where the national government shares power with states. Any power not explicitly listed in the Constitution is left to the states, per the 10th Amendment. As a result, educational policy is largely left to the states, so long as civil rights are protected.

Within states, power is shared with local governments in whatever way state constitutions and law decide. DeSantis has threatened retaliation against schools who defy his order by cutting superintendent salaries. Yet, a state judge stopped his order. DeSantis claims that he will win on appeal.

Texas and Arizona officials have threatened consequences, such as loss of funding and lawsuits, to school districts that mandate masks. Threatening localities with retaliation did not prevent the eventual integration of schools in the South. Considering that local school districts are following federal health guidance, threats from governors to browbeat localities into submission have stirred community outrage from parents and lawsuits from concerned citizens.

Nevertheless, federalism makes power-sharing between the states and federal government complicated. The Constitution gives states the power to create their own educational and health policies, but the federal government can enforce civil rights laws in schools, making educational policy political whether people like it or not.

This is why, on Aug. 30, 2021, the U.S. Department of Education announced that it would investigate whether statewide mask bans deny civil rights to students with disabilities.

Like school integration in the past, policies that require or encourage masks have become the new arena for the ongoing American argument about Southern states' rights.

The Conversation


Read More

Two groups of glass figures. One red, one blue.

Congressional paralysis is no longer accidental. Polarization has reshaped incentives, hollowed out Congress, and shifted power to the executive.

Getty Images, Andrii Yalanskyi

How Congress Lost Its Capacity to Act and How to Get It Back

In late 2025, Congress fumbled the Affordable Care Act, failing to move a modest stabilization bill through its own procedures and leaving insurers and families facing renewed uncertainty. As the Congressional Budget Office has warned in multiple analyses over the past decade, policy uncertainty increases premiums and reduces insurer participation (see, for example: https://www.cbo.gov/publication/61734). I examined this episode in an earlier Fulcrum article, “Governing by Breakdown: The Cost of Congressional Paralysis,” as a case study in congressional paralysis and leadership failure. The deeper problem, however, runs beyond any single deadline or decision and into the incentives and procedures that now structure congressional authority. Polarization has become so embedded in America’s governing institutions themselves that it shapes how power is exercised and why even routine governance now breaks down.

From Episode to System

The ACA episode wasn’t an anomaly but a symptom. Recent scholarship suggests it reflects a broader structural shift in how Congress operates. In a 2025 academic article available on the Social Science Research Network (SSRN), political scientist Dmitrii Lebedev reaches a stark conclusion about the current Congress, noting that the 118th Congress enacted fewer major laws than any in the modern era despite facing multiple time-sensitive policy deadlines (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5346916). Drawing on legislative data, he finds that dysfunction is no longer best understood as partisan gridlock alone. Instead, Congress increasingly exhibits a breakdown of institutional capacity within the governing majority itself. Leadership avoidance, procedural delay, and the erosion of governing norms have become routine features of legislative life rather than temporary responses to crisis.

Keep ReadingShow less
Trump’s ‘America First’ is now just imperialism

Donald Trump Jr.' s plane landed in Nuuk, Greenland, where he made a short private visit, weeks after his father, U.S. President-elect Donald Trump, suggested Washington annex the autonomous Danish territory.

(Ritzau Scanpix/AFP via Getty Images)

Trump’s ‘America First’ is now just imperialism

In early 2025, before Donald Trump was even sworn into office, he sent a plane with his name in giant letters on it to Nuuk, Greenland, where his son, Don Jr., and other MAGA allies preened for cameras and stomped around the mineral-rich Danish territory that Trump had been casually threatening to invade or somehow acquire like stereotypical American tourists — like they owned it already.

“Don Jr. and my Reps landing in Greenland,” Trump wrote. “The reception has been great. They and the Free World need safety, security, strength, and PEACE! This is a deal that must happen. MAGA. MAKE GREENLAND GREAT AGAIN!”

Keep ReadingShow less
The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

Political Midterm Election Redistricting

Getty images

The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

“Gerrymander” was one of seven runners-up for Merriam-Webster’s 2025 word of the year, which was “slop,” although “gerrymandering” is often used. Both words are closely related and frequently used interchangeably, with the main difference being their function as nouns versus verbs or processes. Throughout 2025, as Republicans and Democrats used redistricting to boost their electoral advantages, “gerrymander” and “gerrymandering” surged in popularity as search terms, highlighting their ongoing relevance in current politics and public awareness. However, as an old Capitol Hill dog, I realized that 2025 made me less inclined to explain the definitions of these words to anyone who asked for more detail.

“Did the Democrats or Republicans Start the Gerrymandering Fight?” is the obvious question many people are asking: Who started it?

Keep ReadingShow less
U.S. and Puerto Rico flags
Puerto Rico: America's oldest democratic crisis
TexPhoto/Getty Image

Puerto Rico’s New Transparency Law Attacks a Right Forged in Struggle

At a time when public debate in the United States is consumed by questions of secrecy, accountability and the selective release of government records, Puerto Rico has quietly taken a dangerous step in the opposite direction.

In December 2025, Gov. Jenniffer González signed Senate Bill 63 into law, introducing sweeping amendments to Puerto Rico’s transparency statute, known as the Transparency and Expedited Procedure for Access to Public Information Act. Framed as administrative reform, the new law (Act 156 of 2025) instead restricts access to public information and weakens one of the archipelago’s most important accountability and democratic tools.

Keep ReadingShow less