The Colorado Supreme Court declined on Friday to take up a challenge to Gov. Jared Polis’ authority to make wearing masks in public mandatory to help prevent the spread of the potentially fatal coronavirus, sending the lawsuit to be heard first in a lower court.

Polis issued an executive order making masks mandatory statewide on July 16.

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

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“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 having to collect signatures in person as state law requires, possibly exposing petition gatherers and signers to COVID-19.

“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.