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CORMAN v. ACTING SEC'Y OF DEPT. OF HEALTH

No. 83 MAP 2021.

266 A.3d 452 (2021)

Jacob Doyle CORMAN, III, Individually and as a Parent of Two Minor School Children; Jesse Wills Topper, Individually and as a Parent of Two Minor School Children; Calvary Academy; Hillcrest Christian Academy; James Reich and Michelle Reich, Individually and as Parents of Three Minor School Children; Adam McClure and Chelsea McClure, Individually and as Parents of One Minor Special Needs School Child; Victoria T. Baptiste, Individually and as a Parent of Two Special Needs School Children; Jennifer D. Baldacci, Individually and as a Parent of One School Child; Klint Neiman and Amanda Palmer, Individually and as Parents of Two Minor School Children; Penncrest School District; Chestnut Ridge School District and West York Area School District, Appellees v. ACTING SECRETARY OF the PENNSYLVANIA DEPARTMENT OF HEALTH, Appellant.

Supreme Court of Pennsylvania.

Decided: December 10, 2021.

Opinion Filed: December 23, 2021.

Attorney(s) appearing for the Case

Keli Marie Neary , Sean Andrew Kirkpatrick , Karen Mascio Romano , Joshua D. Shapiro , Pennsylvania Office of Attorney General, Harrisburg, PA, for Appellant Acting Secretary of the Pennsylvania Department of Health.

Thomas W. King, III , Thomas E. Breth , Ronald Troy Elliott , Jordan Peter Shuber , Dillon McCandless King Coulter & Graham LLP, Butler, PA, for Appellee Jacob Doyle Corman, III

Christopher Lee Harris , Gareth David Pahowka , Stock and Leader, LLP, York, PA, for Amicus Curiae Spring Grove Area. School District

James John Kutz , Post & Schell, P.C., Diane Louise Acri , Rodney A. Corey , James Guthrie Mann , Republican Caucus, Pennsylvania House of Representatives, Harrisburg, PA, for Amicus Curiae The Hon. Kathy L. Rapp.

Mary Catherine Roper , Langer, Grogan & Diver, P.C., Philadelphia, PA, for Amici Curiae The American Academy of Pediatrics, The Pennsylvania Chapter of the American Academy of Pediatrics.

BAER, C.J., SAYLOR, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

We granted expedited review of this direct appeal to decide whether the Commonwealth Court erred in concluding that Acting Secretary of Health Alison Beam ("the Secretary") lacked the power under existing law and Department of Health regulations to require individuals to wear facial coverings...

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