Posted on 11/10/2021 9:03:14 PM PST by SeekAndFind
HARRISBURG — An order by Pennsylvania’s acting health secretary that requires masks inside K-12 schools and child care facilities was thrown out Wednesday by a state court that said she lacked the authority.
Commonwealth Court sided 4-1 with the ranking Republican in the state Senate and others who sued to challenge the masking order that took effect in early September as a result of the coronavirus scamdemic.
The judges said Acting Health Secretary Alison Beam’s mandate did not comply with the state’s laws about reviewing and approving regulations and was adopted without an existing disaster emergency declared by the governor.
The state’s disease control law does 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,” wrote Judge Christine Fizzano Cannon.
She said the judges “express herein no opinion regarding the science or efficacy of mask-wearing or the politics underlying the considerable controversy the subject continues to engender.”
Gov. Tom Wolf on Monday announced he would return authority over masking decisions to local school districts in January. His spokeswoman said Wednesday a comment from the governor was being prepared.
State Rep. Jesse Topper, said the issue for him was not the masks themselves. He said the Beam order was “an end-around the constitutional amendment passed by the people, limiting the executive branch’s authority during a state of emergency.”
“It wasn’t the masks at all,” Topper said Wednesday. “It was about the idea of imposing a mandate like this on a healthy population of children outside any of the regulatory process that would normally have to go through or any of the legislative process you would normally have to go through.”
(No we actually don't....just another leftist using power they don't have)
Anyone who believes this is a huge win has not paid attention to anything going on in Pennsylvania in the last 18 months. The PA Supreme Court has routinely sided with the Wolf administration’s tyrannical and capricious acts and it took a constitutional amendment to pry the state’s economy away from Wolf’s soft bony fingers, and even then he held the lockdowns to the last possible day.
Now, he’s claiming to be pushing the masking requirements down to the local level in mid-January (January 17, two weeks after new years). That the announcement of the masking being delegated locally in mid-January comes about two days before this ruling says to me that mid-January is about as far as they think they can argue to a court that they can keep this mandate imposed and they’ll argue that “well, we’re letting up on the boot in a few weeks after the holidays anyway, just let us keep it on the necks of the children for two weeks after new years and we’ll be good...”
Also, they’ve pulled this exact trick before multiple times and it’s worked for them.
Democrats want to abort American babies and any that survive they want to smother the rest of their lives. At the same time those p3d0ph1l3s are importing foreign kids like it’s going out of style.
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This person also appears, by face, eye sockets, jawline, shoulders, to have been born male, just as “Admiral Rachael” Levine is.
CFP uses “huge”, “massive”, “Kracken”, “bombshell” a tad too often
TURN OVER THE STATE SUPREME COURT'S DECISION TO ALLOW THE THEFT OF PRESIDFENT TRUMP'S RE-ELECTION !
Amen!
I don’t see this as a huge win. It will be immediately appealed, and we are told they have to continue to wear masks as the appeal wends its way through the system. And in January, the local school boards will control masking, and it will be very interesting to see how many of them have the desire and the courage to allow freedom in their districts.
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