Masking Order Update

The Pennsylvania Supreme Court entered an Order this afternoon reinstating the PA Department of Health’s Face Covering Order for Pennsylvania Schools.
Earlier this month Pennsylvania Commonwealth Court ruled that the school masking order issued by the PA Department of Health (DOH) was not valid. Upon appeal by the Wolf Administration, a stay was placed on that ruling. However, Commonwealth Court over-ruled that stay and extended the terms of the Order only to December 4.
In response, the Pennsylvania Attorney General’s Office and DOH filed an emergency application on November 22 requesting the Pennsylvania Supreme Court reinstate the automatic supersedeas (the stay of Commonwealth Court’s ruling) and keep the mask mandate in place during the duration of the appeal. In response, the Corman plaintiffs on November 24 filed their opposition to that filing.
In response to both filings, the Pennsylvania Supreme Court issued an order today (November 30) granting the request for an automatic supersedeas, which effectively extends the duration of the school masking mandate to December 8 rather than December 4.
The Court is scheduled to hear oral argument on the appeal on December 8, and may or may not decide to keep the mask mandate in place during the pendency of the appeal.
Oswayo Valley School District (c) 2019