HARRISBURG (ErieNewsNow) - Today, one of Pennsylvania’s intermediate appellate courts ruled to throw away Acting Health Secretary Alison Beam’s school mask mandate. 

The Commonwealth Court sided in a 4-1 ruling with Republican Senate President, Jake Corman, and others who sued in September to challenge the mask order that went into effect on Sep. 7. 

Judges said today that Acting Secretary Beam’s mandate did not comply with the rulemaking requirements of the regulatory review act and was issued in the absence of a declared disaster emergency by the Governor.  

Last spring, Pennsylvania voters approved two amendments to limit the Governor’s emergency declaration powers by giving the Republican majority General Assembly the authority to extend or terminate that declaration. 

“The Secretary, in my onion, does not have the authority to issue an order, specifically, when we’re not in a declaration of emergency,” said State Representative Kathy Rapp (R-Warren) during an interview on Tuesday before the Court’s decision. 

Rep. Rapp is the Majority Chair for the House Health Committee. She says the power of the Acting Secretary is limited, and Wednesday’s ruling shows that. 

“With the Governor’s emergency declaration no longer in effect, the unelected Health Secretary’s ‘broad emergency powers’ to impose mandates outside the normal and required parameters of the regulatory review process no longer apply,” said Rapp in a press release on Wednesday afternoon. “The final decision to void this highly controversial school masking mandate is a resounding victory for our foundational, constitutional separation of powers, the rule of law, local control, parental and student rights, and especially individual liberty,” she added. 

In a statement to ErieNewsNow Wednesday evening, the Department of Health issued the following release: 

“The Secretary of Health's authority is clearly outlined in existing law.  An appeal has been filed. Filing of the appeal immediately stays the Commonwealth Court’s decision. Schools have been notified.” 

There’s only one higher court in Pennsylvania than the Commonwealth Court, the State Supreme Court, which is where the appeal will be decided.