The Pennsylvania Supreme Court has vacated the masks mandate for schools and child care facilities, effective immediately upholding the decision made earlier by the Commonwealth Court. Earlier this week, the Supreme Court heard arguments over whether or not acting Health Secretary Alison Beam’s mask mandate for grades K-12 and child care facilities were legal.

After listening to arguments on Wednesday in Philadelphia, the Court decided that Beam did not have the authority to require masks, did not follow state laws about enacting the regulation, and attempted to put the order in place, which requires an existing emergency disaster be declared by the governor.

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The Commonwealth Court stated that Pennsylvania’s disease control law did not give health secretaries “the blanket authority to create new rules and regulations out of whole cloth, provided they are related in some way to the control of disease or can otherwise be characterized as disease control measures.”

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Senate President Pro Tempore Jake Corman issued a statement:

“Today’s ruling is a victory for parents and communities whose opinions have been ignored by the Wolf Administration for far too long. I have said all along that parents and school boards are in the best position to respond to COVID-19 and keep our kids safe. I am grateful the Supreme Court agreed with this position and rejected Governor Wolf’s effort to take power away from the people. The ruling today is about much more than masks in schools; it is about preventing government overreach in general. The law clearly does not give any governor or any state agency the power to create orders out of thin air in the absence of an emergency declaration and outside the regulatory review process.”

Governor Wolf said that he would turn the mask requirements for students over to school leaders on January 17.

 

This piece was written by Zach Heilman on December 11, 2021. It originally appeared in RedVoiceMedia.com and is used by permission.

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