In a December 10, 2021, per curiam order, the Pennsylvania Supreme Court nullified Acting Secretary of Health Alison Beam’s regulation requiring individuals to wear facial coverings while inside Pennsylvania’s schools as a means of controlling the spread of COVID-19. Here, a unanimous Pennsylvania Supreme Court issued a full opinion explaining its reasoning. The Court held that, absent a gubernatorial disaster emergency declaration suspending the framework of laws governing agency rulemaking in Pennsylvania, the Department was obligated to follow the procedures set forth in the Regulatory Review Act, the Commonwealth Documents Law, and the Commonwealth Attorneys Act before promulgating a new disease control measure with the force of law. Because the Secretary circumvented that process, the order was void ab initio.
