Missing emergency order or regulation doomed to failure mask mandate | health and fitness

HARRISBURG, Pennsylvania (AP) – The state Supreme Court on Thursday released its rationale for why Governor Tom Wolf’s government had no legal authority to require masks in Pennsylvania’s schools and daycare centers, even amid a pandemic and rising cases of COVID- 19th

The democratic majority court ruled 6-0 on December 10 and ended the nationwide mask mandate immediately, except in school districts that required it. Judge Thomas Saylor was not involved in the decision.

The judges’ 58-page statement published on Thursday does not discuss whether school districts have the legal authority to require masks.

But the judges wrote that the move by the Republican-controlled legislature in June to end Wolf’s COVID-19 Emergency Disaster Statement also removed any legal justification for a school mask mandate.

The judges note that state law gives the Ministry of Health extensive powers to protect public health, but does not allow the Ministry to “act as it pleases in all disease-related matters” without specific rules that mandate a mask empower, they wrote.

They also wrote that they doubted the legislature wanted to give these types of powers in the law, as many current regulations regulate the ministry’s exercise of its powers.

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