PENNSYLVANIA, USA — The legality of an order by Pennsylvania’s acting state health secretary requiring masks in K-12 schools and child care facilities is before the Pennsylvania Supreme Court.
The two sides argued their respective positions before the justices Wednesday in Philadelphia.
The high court just last week ordered that the directive remains in place while they consider a legal challenge from the state Senate’s highest-ranking leader and others.
Acting Health Secretary Alison Beam's mandate took effect in early September.
A lower court has ruled Beam lacked authority to require masks, didn't follow state laws about enacting regulations, and acted without a required existing disaster emergency.
After the state's Department of Health appealed the Commonwealth Court's decision, the Supreme Court voided the 4-to-1 ruling and allowed the mandate to remain.
Lawyers on both sides of the case argued on the legal validity of the Acting Secretary of Health's decision to enforce the mask mandate.
Senior Deputy Attorney General Sean A. Kirkpatrick said the Acting Secretary had full authority due to state regulation, calling it a "modified disease control mechanism."
Attorney Thomas E. Breth disagreed saying Beam went outside of state laws.
Governor Tom Wolf has said he will turn the mask requirement over to school leaders on Jan. 17.