Rep. Dave Williams stops to talk with House Minority Leader Rep. Patrick Neville, left, on the house floor during the returning session. Colorado lawmakers return to the state Capitol on May 26, 2020, in Denver. Legislators returned after a 10-week pause due to fears from the spread of the coronavirus.

The Supreme Court on Friday afternoon declined to hear a lawsuit challenging the authority of Gov. Jared Polis to require mask use. The case, however, will resume in district court.

Polis issued an executive order making the masks mandatory to stem the coronavirus pandemic on July 16.

On Wednesday, Colorado House Republican leader Patrick Neville of Castle Rock and conservative talk personality Michelle Malkin, who lives in Monument, appealed the decision to the Supreme Court, rather than file in a lower court first.

"If there was ever a case for original jurisdiction this was it," Neville said by text Friday after the decision, of an upper court's latitude to take up cases ahead of lower courts. "That said, we will file shortly in district court. King Polis is probably grateful for the extra time to act as King but we will not give up fighting for our people."

The Supreme Court overturned a Polis executive order this summer that would have allowed those trying to get on the November ballot to collect petitions by mail and email rather than current law that requires in-person signature-gathering.

“Mask wearing is a proven way to slow the spread of this deadly virus, will help keep businesses open, save lives and keep our economy growing," Polis said in a statement after Friday's decision. "I’m glad the Supreme Court stands with the people of Colorado in our fight against the deadly virus, in which mask-wearing is one of our most effective weapons.”

The high court's decision was announced on Twitter by spokesman Rob McCallum.

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