PA School Mask Mandate Rejected: What's Next

PENNSYLVANIA — The school mask mandate remains in effect in Pennsylvania the day after the Commonwealth Court struck down the legality of the order, as the state's appeal of the decision is still pending. The 4-1 decision handed down on Wednesday was the latest in the ongoing controversy surrounding both masking and Gov. Tom Wolf's use of his executive powers.

Judges said that the order was illegal because a public health emergency was no longer in place at the time, and because Acting Secretary of Health Alison Beam did not follow the necessary procedural steps leading up to the order.

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"The Secretary of Health's authority is clearly outlined in existing law," a spokesperson for Gov. Wolf's office told Patch. "An appeal has been filed. Filing of the appeal immediately stays the Commonwealth Court’s decision. Schools have been notified."

Under intense pressure from GOP leaders in recent months, the governor's office has maintained that the order was constitutional.

>>Gov. Wolf's School Mask Mandate Rejected In PA Court

“This is just another frustrating scheme by the Wolf Administration to circumvent the will of the people,” Senate President Pro Tempore Jake Corman and State Rep. Jesse Topper said in a joint statement Thursday. “The law could not be clearer in this case. The Acting Secretary does not have the authority to issue blanket mandates unilaterally. These decisions belong in the hands of parents and school boards, and we will not stop fighting until that power is returned to them.”

The court decision comes just days after Gov. Wolf said the school mask mandate would be lifted on Jan. 17, 2022, and control over the matter would be returned to local leaders. Vaccinations for children ages 5 to 11 are now underway, and with immunization rates going up, the state "is in a different place" than it was in September when the mandate was first issued, Wolf said.

Should the state's appeal fail, then control would immediately return to school district leaders.

In a dissenting opinion in Commonwealth Court, Judge Michael Wojcik said that Beam's order was justified.

"The secretary has acted according to the statutory and regulatory authority conferred upon her to protect the vulnerable student population," he wrote, noting that the order was "the least restrictive and most efficient" way to protect children.

The CDC's latest guidance maintains that masks should be worn by all students and staff in schools.