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Order requiring Pa. school students to wear face masks is invalid, state Supreme Court says
Pennlive ^ | 10 December A.D. 2021 | Matt Miller

Posted on 12/10/2021 1:29:10 PM PST by lightman

In a one-page decision issued Friday afternoon, the Pennsylvania Supreme Court ruled that an order that has kept the state’s schoolchildren masked for months must be voided.

The decision upholds an earlier ruling by Commonwealth Court, which found the masking order issued in August by Acting Health Secretary Alison Beam is unenforceable.

Beam lacked authority to require that students wear face masks while in school in an attempt to curb the spread of COVID-19, the two state courts concluded.

The mask mandate was challenged in court by a bloc that included Senate President Pro Tempore Jake Corman, a Republican who recently announced his candidacy for governor.

The dispute came before the state highest court when the Wolf Administration appealed the Commonwealth Court decision.

The Supreme Court ruling comes two days after the justices heard arguments in the case during a session in Philadelphia.

The justices said an opinion outlining their decision will be filed later.


TOPICS: Culture/Society; Government; News/Current Events; US: Pennsylvania
KEYWORDS: children; education; facemasks; mask; masks; paping; pasupremecourt; pennsylvania; school; tomwolf; wolf
Tommie the Commie Wolf was in favor of local option before he was against it.
1 posted on 12/10/2021 1:29:10 PM PST by lightman
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

2 posted on 12/10/2021 1:29:50 PM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman

OUTSTANDING! Free our children from their gags NOW!


3 posted on 12/10/2021 1:32:14 PM PST by House Atreides
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To: House Atreides

The SCOPA decreed the mandate to be “unenforceable” which was basically the case anyway in many counties, including York and Lancaster where the DA’s had stated publicly that they would not prosecute; ergo law enforcement was to take a “hands off” approach.


4 posted on 12/10/2021 1:34:50 PM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman

Now how about the Abuse of power lawsuit. These corrupt officials don’t care about any of this until they face a penalty for their actions.


5 posted on 12/10/2021 1:35:58 PM PST by Revel
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To: lightman

Meanwhile, Hochul in NYS has just muzzled NYSers starting on Monday.

Folks close to the southern border might want to do their shopping in PA.


6 posted on 12/10/2021 1:36:18 PM PST by mewzilla (Those aren't masks. They're muzzles. )
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To: lightman

Court rulings seems to be going against the tyrants.


7 posted on 12/10/2021 1:37:38 PM PST by Col Frank Slade
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To: lightman

She belongs in PRISON for Practicing Medicine without a License, she should also be charged for every last health problem anyone has suffered as a result of this MALPRACTICE by an UNLICENSED Person claiming to be a Doctor and Issuing MEDICAL DIRECTIVES. Since she used her Official Position to commit these Criminal Acts, she should be subject to Immediate and Complete CIVIL ASSET Forfeiture..


8 posted on 12/10/2021 1:39:55 PM PST by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: Col Frank Slade

Sic semper tyrannis


9 posted on 12/10/2021 1:41:25 PM PST by TheDon (Resist the usurpers)
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To: lightman

Finally some decent news-—5- Democrat court and they ruled against Der Fuhrer...Wolfie will throw a hissy fit!


10 posted on 12/10/2021 1:42:25 PM PST by mikelets456
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To: mikelets456

Wolf will likely copycat the NY Guv and require masks in ALL indoor public settings.

Don’t expect a lot of compliance.


11 posted on 12/10/2021 1:45:07 PM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

From Senator Jake Corman:

“Senate President Pro Tempore Jake Corman issued the following statement in response to the Supreme Court decision:

“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.

“This ruling means we will not have to deal with even more extreme, unilateral measures from the Wolf Administration that devastated our economy last year, including business closures and restrictions.

“With today’s ruling, the power for parents and local leaders to make health and safety decisions in our schools is restored. That power comes with an obligation to review the facts and act in the best interests of our communities – which is why legislative leaders sent a letter to Governor Wolf yesterday to reconvene the COVID-19 Vaccine Task Force. I encourage all stakeholders to review the needs and conditions in our communities to make the best choices for our kids.””


12 posted on 12/10/2021 1:46:57 PM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman

The R-legislature would overturn it. But like you stated, even more importantly, people won’t comply.


13 posted on 12/10/2021 1:47:17 PM PST by mikelets456
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To: lightman

Cloth = still not magical. Smoke particles are larger than ANY virus and go right though cloth. Wearing cloth to block a virus is like putting up chainlink fence to block mosquitoes. Science!


14 posted on 12/10/2021 1:52:51 PM PST by ProfessorGoldiloxx
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To: lightman

Now THAT is something, considering the state’s Supreme Court consists of five Democrat appointees and two Republicans.


15 posted on 12/10/2021 2:04:02 PM PST by Tolerance Sucks Rocks (Florida: America's new free zone.)
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