Last week, a five-judge Commonwealth Court panel concluded that Pennsylvania's Department of Health (DoH) had no authority to impose a statewide school-masking order. It ruled, therefore, that that the Order itself is illegal. But it remained in place. This is because the Commonwealth Court's decision was appealed to the state supreme court. An appeal often acts as a supersedeas, which is a fancy way of saying that the Court of First Guess's ruling is on hold, pending a Decision from the Court of Final Error. So despite the ruling, kids still had to wear masks at school. But late yesterday, the Commonwealth Court terminated the supersedeas (stay) effective December 4.
The ruling both today and last week is from Judge Christine Fizzano Cannon. She was careful to note then and now that "we express herein no opinion regarding the science or efficacy of mask-wearing or the politics underlying the considerable controversy the subject continues to engender." But that's horseshit. Let me explain why.
You can get an automatic stay terminated if you can establish (1) you've got a winner on appeal; (2) a continuation of the masking order will cause irreparable injury; and (3) removal of the stay will not harm the public interest.
I can see Judge Fizzano Cannon concluding that she thinks state Republicans have a winner. After all, she did write the opinion in their favor. But what irreparable injury? Does she honestly think that a stupid mask is going to scar kids for life? Seriously. That's really a stretch. But where she really blows me away is her conclusion that removal of the mask mandate will not harm the public interest. It is impossible to reach that conclusion without an "opinion regarding the science or efficacy of mask-wearing or the politics underlying the considerable controversy the subject continues to engender."
Judge Fizzano Cannon must think we're stupid. I'd agree the DoH has established itself as stupid, but I am insulted by a judge who reason dishonestly.
31 comments:
Let me guess, she's a Republican. Judges are non-partisan my ass. We've seen repeatedly that even our health has become politicized. This is one more piece of evidence.
It seems the science behind masks is sorely lacking. M95 mask are effective against this virus, all the other cloth and even the surgical masks are just so much of statement making.
They will not make much difference in stopping the transmission of this virus. Then we want to scold and embarrass children who do find it very difficult to keep a mask in place all day long. We have had instances were teachers have taped these masks in place.
But of course, conformity is much more important than effective science.
You call out Judge Fizzano Cannon but she is not acting alone. There was a 5 judge panel with 1 dissenting opinion.
"Does she honestly think that a stupid mask is going to scar kids for life? "
Apparently you haven't been to area school board meetings in the last few months. According to the loudest community members, mask wearing is a form of child abuse.
Man, you're damaged. Look what mask wearing did to you! A little self awareness would go a long way for all of us at this point.
It’s really very simple. Wearing a mask is of minimal help in preventing Covid. Children under 12 are at the least risk of Covid of all age groups, and in the highest tier of survival rate (almost 100%). This evidence is readily available as demonstrated by medical experts around the world, although mostly ignored by big media.
Wearing a mask CAN and SHOULD be an option!
Those who feel it critical to wear a mask can continue to do so. Parents can best decide if wearing a mask is important for their own children. For those who continue to wear a mask outside the home, I suggest they avoid, or keep themselves several feet away from non-wearers. How far away is an option, too!
Funny how there is so little data mentioned in the debate.
You'd think someone would go here: https://www.cdc.gov/nchs/nvss/vsrr/covid_weekly/index.htm and get the total number of children dead of COVID.
Then you'd think they'd go here: https://www.census.gov/ and get the total number of children in America.
Then you'd think they'd divide the total number of kids in America into the number of dead and multiply by 100 to get the percentage of the population segment dead.
Then you'd think they count how many digits to the right of the decimal point they have to go to get o a non-zero digit and use that number to determine if there is any statistically valid threat warranting forcing children to wear masks.
The problem is, of course, that most people pontificating on the matter have never passed a statistics course in their lives.
Our local elementary school just closed for at least a week due to covid. Maybe the wave of vaccinations that's underway for that age group will help, but school districts should keep the masks anyway. If they don't, and more schools close, they can thank themselves (but probably won't).
We have seen the first big drop in support for public schools. It is probably just the beginning. like everything else, the schools are now part of the total politicization of America.
"Wearing a mask is of minimal help"
By your own admission, they do provide "minimal" help. When it comes to children, I'd want them to have what you consider minimal help and others consider more.
"Let me guess, she's a Republican. Judges are non-partisan my ass. "
Judges are the most political people I know, lol. Yes, she's an R, and the dissenter is a D. The Commw Ct is R and the Supreme Court is D.
i have no problem with her ruling on the masks themselves. I can see why she concludes the DoH lacked the authority for a statewide mandate. But the judge had no basis to toss the automatic stay on her own ruling. Though she denies it, she basically substituted her own views on the effectiveness of masks for the agency that, like it or not, is charged with protecting the public health. That is improper and her rationale dishonest.
"It seems the science behind masks is sorely lacking"
No it's not lacking. There are now numerous studies indicating that masks,worn properly, do limit the transmission of the virus. They are no panacea, especially since most of us do not wear our masks properly, but they do afford some protection. This takes about three seconds to discover on Google. Unfortunately, many of us suffer from confirmation bias and will only read what supports our own preconceived notions.
So, Bernie. Your. 9:35 reply tells me if you were a parent of minor children, you would opt to have your children wear a mask. No problem with that! Just don’t require ALL parents to share just your view on this subject. Actually, if you send your child to school wearing a diving helmet . . . that would be OK with me, too! Wouldn’t be my choice if I was their parent.
Not only would I want my children masked, I'd want all children, staff and visitors masked to minimize transmission. Even if the protection afforded is minimal, so is the inconvenience. You have to realize that it's a major inconvenience if a school has to shut down.
In contrast to masking, I consider vaccines a much greater intrusion and would defer to parents on that issue. I would want my children vaccinated, but do not place covid-19 on the same scale as polio.
@10:08
If you want your kids masked, spend $50 on a military surplus M40. They'll be nearly as safe as in an operating room whether or not anyone else is wearing a mask, and no one else will need to be pestered.
Personal initiative.
It is easy to say, when most of the responders do not or have not worn a mask all day. Most put in on for 15 or 20 min at a time.
"It is easy to say, when most of the responders do not or have not worn a mask all day. Most put in on for 15 or 20 min at a time."
Yes, it is an inconvenience. I often must wear for several hours. I am also one of those idiots you may see driving with a mask bc I forget. As I indicated before, it may only provide minimal help, but it does help. And there is zero evidence that mask wearing is harmful. I do not consider it any more an invasion of privacy than a school uniform or a requirement that you must wear clothing to school.
https://www.healthychildren.org/English/health-issues/conditions/COVID-19/Pages/Mask-Mythbusters.aspx
https://healthcare.utah.edu/healthfeed/postings/2021/08/_masks-in-schools.php
This seems relevant no?
https://www.governor.pa.gov/newsroom/gov-wolf-state-anticipates-returning-k-12-school-mask-requirement-to-local-leaders%E2%80%AFjanuary-17-2022/
Wearing a mask should be optional for delicate fairies who are too hot and uncomfortable when wearing one. The personal inconvenience of having to remember to put it on and take it off is very tiring for some people too and we need to consider their feelings.
We all have to be more tolerant of the weak minded pansies whose only desire in life is servicing their own needs and wants whatever the consequences to others may be. They are more important to themselves than any one else is and we as the rest of society need to acknowledge that.
https://www.nytimes.com/2020/12/08/opinion/covid-lockdown-isolation.html
https://www.usatoday.com/in-depth/news/education/2021/11/14/students-reading-pandemic-shutdowns/6379258001/
This is all fine. Kids are resilient, until they're not. They're also at little risk of CoViD and its complications. Polio killed kids 15 and under. It had an effective vaccine that took decades to achieve herd immunity. CoViD kills adults 60 and over, and the vaccine has decreasing effectiveness over time; thus, boosters. I don't think masks help at all. I think this thing is so damn catchy and dangerous, nothing appears to be working very well for very long.
Hey Bernie,
I have a solution!
If the parents choose for their children not to wearing a mask and they get Covid then they are on the hook for the bills.
Enough of this crap, if you choose not to get the vaccine and you get sick the you pay the bills.
Also, it’s time to go back to school uniform, living life by the golden rule and respect the school boards & teachers!
At this point, we could be told that red clown noses are the key. I really don't care if anyone chooses to wear red clown noses. I don't think there should be a requirement to do so. What we're doing isn't working. Nothing is working. Stop defending whatever you're claiming works or doesn't - left or right. The only constant is our fighting while the virus goes on and on. I suspect that hell is simply more of this devolving life.
" ... if you choose not to get the vaccine and you get sick the you pay the bills."
I suspect this poster believes healthcare to be a fundamental human right, as long as you agree with the poster.
@1:23
Did you say the same thing about promiscuous homosexuals during the height of AIDS?
Someone submitted a comment accusing Gov. Wolf and his erstwhile Health Sec'y of stating something. I have checked and find zero evidence that either said anything of the sort. I am unwilling to post disinformation but will post your accusation if you can provide a credible source.
Yeah!!! Just in time for the holiday surge.
@1:23
No I did not say the same thing about promiscuous homosexuals. In fact, at that time we had the second worse President this country ever had. Regan was the biggest bum until Trump came out.
It effected everyone since the blood supply was contaminated and Regan did not spend a dime to find a cure for AIDS.
So I guess I stuck up for you.
@6:31
What sort of babble is that? What does Reagan have to do with you believing unvaccinated COVID patients should be stripped of healthcare benefits but promiscuous homosexuals with AIDS shouldn't?
At least try to make sense...
I just had an idea. Why can't we have no mask areas like we do for smokers who could pass second hand smoke. Passing COVID is kind of like passing second hand smoke except it has much quicker impacts. Transfers can occur in minutes instead of months and years. So just make a no mask area where anyone not wanting to wear a mask can be with other of the same ilk. And then allow business to set no-mask rule like they do with smoker rules. And also let insurance companies charge non mask wearers surcharges like those who smoke.
If you are banning mask mandates in the middle of a pandemic, you are not pro-life. The argument that mask mandates are “authoritarian government overreach”, but that banning mask mandates isn’t, is completely insane. The science is clear, adopting masking policies saves lives.
Most of us understand that some temporary inconvenience isn’t oppression. If you think it’s tyranny, you have no idea what real oppression looks like.
Bern you now have the hot mike that is hard to make out but it's there.
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