Shapiro Walks Back Law Already Rejected Twice by Voters

Pennsylvania Gov. Josh Shapiro on Friday repealed a policy he recently enacted that would have allowed government health officials to access one’s property without a warrant and speak to students directly without parental consent.

The move came after the governor received strong pushback from the state’s residents.

“After our members raised serious concerns about the Shapiro administration’s overreach, and after they received over 6,000 appeals from the public, the PA [Department of Health] has WITHDRAWN their proposed COVID-era regulatory changes,” Pennsylvania House Republicans wrote on X.

Previously, the governor enacted the rule, formally known as Regulation #10-242, amending 28 Pennsylvania Code Chapter 27, which states that the “Department or a local health authority may enter an apartment, a building, a health care facility, a school, college or university, or other location as necessary,” despite it having been rejected by Pennsylvania voters twice in recent years.

Additionally, in 2021, Pennsylvania voters approved a constitutional amendment to limit executive authority following the COVID-19 pandemic.

“Pennsylvanians do not support governing by decree. However, the proposed regulations reinstate and expand these executive powers,” the Commonwealth Foundation said in a press release obtained by the Daily Signal. “Governor Shapiro is asking his own agency to write itself new powers.”

In its statement, the foundation added that the governor’s action was to “cut to the very heart of our freedoms as citizens,” and that this invocation sets “a dangerous precedent” that should “concern” any citizen who believes the government’s job is to answer to its citizens.

Apart from potential executive overreach by Shapiro’s administration, the rule itself raises other grave concerns, the foundation stated.

Not only does it lack adequate cost analysis, the foundation said in its press release, but it raises serious constitutional concerns as state health officials no longer need a warrant or parental consent when addressing Pennsylvanians.

The rule has already been challenged by over 9,000 comments from citizens and organizations. Another 16 legislative comments have come from 110 lawmakers. 

“This absolutely is COVID 2.0, but it’s even worse because Josh Shapiro is trying to circumnavigate or skirt the constitutional provision that we the people in Pennsylvania voted to take that kind of power away from the governor,” state Rep. Russ Diamond, who is leading the charge against the policy changes, told Fox News Digital.

Chief Operating Officer and General Counsel of the Commonwealth Foundation Megan Martin said in a statement shared with the Daily Signal that residents are speaking out because they do not want to “relive the egregious and illegal executive overreach of the COVID-19 lockdown era. Pennsylvanians spoke loud and clear then, as they are doing now.”

“The governor and his administration are not above the law. Pennsylvanians didn’t want this abuse of power in 2021, and they certainly don’t want it now,” Martin continued.

Shapiro’s office did not respond to the Daily Signal’s request for comment.

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