(The Center Square) – A Commonwealth Court ruling issued Wednesday struck down Pennsylvania’s school mask mandate.

Judge Christine Fizzano Cannon wrote in a 31-page opinion that acting Secretary of Health Alison Beam lacked the authority to implement a masking order without complying with the regulatory process outlined in the Commonwealth Documents Law and the Regulatory Review Act, effectively rending the policy “void ab initio” or “void from the beginning.” 

“For this Court to rule otherwise would be tantamount to giving the Acting Secretary unbridled authority to issue orders with the effect of regulations in the absence of either a gubernatorial proclamation of disaster emergency or compliance with the Commonwealth Documents Law and the Regulatory Review Act, as passed by the General Assembly,” Cannon wrote. “As this would be contrary to Pennsylvania’s existing law, we decline to do so.” 

The decision delivers a blow to Gov. Tom Wolf, who’s emergency authority had been upheld in past court challenges, and calls into question an October decision by the Joint Committee on Documents that determined the masking order was not subject to the regulatory process.

Republicans in the House and Senate applauded the ruling as a constitutional win after more than 18 months of failed lawsuits, vetoes and legislative obstacles they argue allowed the administration’s powers to go unchecked.

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“This debate has never been about the effectiveness of masks in schools, or any other setting,” House Speaker Bryan Cutler, R-Quarryville, said. “It is about whether or not each branch of our state government and the officials who work in those branches will follow the law and respect our Constitution’s design that directs the legislative branch to make the laws that govern our people.” 

Cannon wrote in the ruling the decision passes no judgement on the effectiveness of mask wearing in preventing the spread of COVID-19.  

“Today’s ruling is a victory for all Pennsylvanians, regardless of how you feel about this particular issue,” Cutler said. “It shows that our system of checks and balances works in the interest of all people, so that no singular voice can silence the voice of free people who allow themselves to be governed.” 

Senate President Pro Tempore Jake Corman, R-Bellefonte, and Majority Leader Kim Ward, R-Greensburg, expressed gratitude for the ruling, saying in a joint statement the “law is clear” that Beam lacks the authority “to create new rules and regulations out of thin air.”

“Today’s ruling validates what we have said all along – mask decisions should be made by parents and school boards, not unelected bureaucrats,”  the leaders said. “A blanket mandate does not address the unique needs and circumstances of individual communities, and it takes power away from the people who are in the best position to protect our kids.”

‘A blanket mandate does not address the unique needs and circumstances of individual communities, and it takes power away from the people who are in the best position to protect our kids.’

Beam implemented a statewide masking order for all public, private and parochial schools Sept. 7 after COVID-19 cases in school children skyrocketed more than 300% between mid-July and late-August. At the time, fewer than 15% of districts had opted to require masks indoors; a fact Wolf said was spurred by misinformation and pressure from Republican lawmakers. 

Wolf’s administration’s about face on the issue generated confusion and frustration among local school district officials, who complained about the lack of direction and support from the state in enforcing the mandate. Many already had begun the school year when Beam issued the order.

Wolf announced earlier this week the statewide order would expire Jan. 17, at which time districts could make their own decision on masking.

Christen Smith follows Pennsylvania’s General Assembly for The Center Square. She is an award-winning reporter with more than a decade of experience covering state and national policy issues for niche publications and local newsrooms alike.

This article was republished with permission from The Center Square.

4 thoughts on “Pennsylvania court strikes down school mask mandate”

    1. The judge’s ruling was focused just on the law. She actually did not rule on the merits of masks, just that the rule by the Health Dept was an end around of the legislation. The governor could have used the process in the law to have it issued, but did not do so because it would have had to involve the legislature. The judge was not an activist, she was a strict interpreter of the text.

      1. Oh my bad. Judges are only activists when they strike down REPUBLICAN executive orders which circumvent legislatures. (See every right-wing attack on judges who struck down the last president’s executive orders or bogus election fraud lawsuits)

        How silly of me to forget that different standards apply to different parties.

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