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Pennsylvania Governor Josh Shapiro is pursuing autocratic powers for public health that Pennsylvania voters removed five years ago, and he is doing it behind the scenes through regulations not legislation.
A 502-page proposal for modifications to the Pennsylvania health code, published on August 8, grants the Pennsylvania Department of Health vast new powers to enter premises without warrants, access medical records without consent, direct a statewide vaccine data system, impose masking mandates during an outbreak, as well as masking mandates in an effort of “prevention” for any “condition” the department has determined warrants an intervention.
It is important to digest the implications of this. The proposed regulations define “condition” to mean “noninfectious medical ailment or other health-related event”. That gives far reaching powers to the department of health in the guise of public health.
“The administration’s draft rules on masks and infectious diseases are deeply troubling,” said Pennsylvania lawmaker Michele Brooks. “These include standards that establish ‘rule by fiat’ for the imposition of masking, distancing, and virtually any other disease control measures; a state vaccine registry with mandatory reporting; the power to control attendance at funerals; and the broadest powers to track and collect private health information and to enter private property.”
Pennsylvanians know where this goes. Former Governor Tom Wolf instituted some of the most draconian COVID-19 lockdown orders in the U.S. from March 2020 to June 2021. Shapiro, then Attorney General, issued the mandates, and in defense of the state’s school mask mandate, called concerned parents “self-centered” in a 2021 filing to the Pennsylvania Supreme Court.
The Supreme Court ultimately handed down a judgment against Shapiro, ruling the Department of Health acted outside of its authority. However, the Court did write that the Department of Health had the ability to change its own rules. Shapiro seems to have taken this to heart.
In May 2021, Pennsylvanians passed a constitutional amendment constraining governors’ emergency powers to three weeks. Shapiro’s regulatory maneuver is designed to circumvent this democratic outcome entirely, granting a permanent, non-emergency power to a department he controls.
Randall Wenger, chief counsel of the Independence Law Center, fearful that health care workers will be allowed to access schools and interrogate children in private, said that parents deserve the right to care for their children as they see fit. “These regulations allow a bureaucrat to go into a school to meet with a child without parents’ knowledge and telling the school officials that they can’t even interfere with this. That’s unconscionable,” Wenger told The Daily Wire.
Shapiro comes from the Democrat buzz saw of presidential candidates and is potentially running in 2028. What he is doing in Pennsylvania is not public health — it is building a system of surveillance and compliance to be used nationwide. Pennsylvania did not vote for this system. Shapiro is doing it anyway, and whether the legislative branch steps in tells us how much the voters value the limits to power they voted for this year.
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