A new Kansas law that allows counties to be sued over mask mandates and other COVID-19 restrictions will remain in effect.

A Johnson County judge had ruled the law was unenforceable, but the Kansas Supreme Court ruled Friday that the judge did not have jurisdiction to strike down the law.

The Supreme Court did not take up the constitutionality of the new law, which was approved by the Kansas Legislature last year.    The law requires trial court judges to rule on such lawsuits within ten days.

Kansas Attorney General Derek Schmidt issued a statement after the Supreme Court ruling:

“Today’s decision provides welcome clarity that the district court erred by going out of its way to ask and then answer questions not before it about the constitutionality of SB 40. I appreciate the Kansas Supreme Court eliminating the uncertainty hanging over Kansas emergency management law since the district court’s decision. The Legislature may also wish to thoughtfully review the concerns expressed, though improperly in this case, by the district court.”