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Reason
Reason
Politics
Eugene Volokh

Virginia Law Banning Law Enforcement Officer Masks Blocked as to ICE

From U.S. v. Virginia, decided yesterday by Judge Robert Payne (E.D. Va.):

On May 20, 2026, citing concerns that federal law enforcement officers were "undercut[ting] basic expectations of accountability, sow[ing] fear and confusion, and erod[ing] the public trust," Governor Abigail Spanberger signed the Mask/Identity Law. The Mask/Identity Law makes it a misdemeanor [with some exceptions] for a "law-enforcement officer" to "wear a facial covering that conceals, obscures, or otherwise covers his face while such law-enforcement officer is engaged in the performance of his official duties." A "law-enforcement officer" includes both state and federal law enforcement officers….

The court concluded that the law likely couldn't be applied to federal officers; that result seems correct to me, given the precedent limiting state attempts to control federal officers' performance of their jobs:

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