No. 24-516

Kathrine Ann Detwiler, Gary Robert Krum, and Elaine M. Barnhart v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2024-11-06
Status: Denied
Type: Paid
Response Waived
Tags: cdc-recommendations federal-funding public-health-regulation school-board-authority state-sovereignty tenth-amendment
Key Terms:
DueProcess
Latest Conference: 2025-01-10
Question Presented (from Petition)

In Printz v. United States, 521 U.S. 898 (1997), this Court held unconstitutional a federal law obligating State officials to implement a federal regulatory scheme. The Printz Court noted that Congress had begun to enact statutes which indirectly required the participation of State or local officials in implementing federal regulatory schemes as a condition of federal funding grants, and noted that these schemes should be addressed "if and when their validity is challenged in a proper case." Id., at 917-918.

Petitioners were convicted in a State court due to an alleged failure to obey a local school face mask regulation promulgated in violation of State law and solely on the "authority" of the American Rescue Plan Act, which ultimately conditioned the use of COVID-19 funds upon local schools' implementation of CDC recommendations.

QUESTION: Where the power to regulate public health is reserved by the Tenth Amendment to the States, is it lawful for a local school board to make public health rules otherwise outside of State law, and solely pursuant to a federal regulation requiring CDC recommendations to be made mandatory rules by those boards receiving federal funds?

Question Presented (AI Summary)

Is it constitutionally permissible for a local school board to implement CDC health recommendations as mandatory rules using federal funding conditions when such rules may exceed state law authority?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-11
DISTRIBUTED for Conference of 1/10/2025.
2024-11-27
Waiver of right of respondent Pennsylvania to respond filed.
2024-10-21

Attorneys

Katherine A. Detweiler
Gregory Andrew StappStapp Law, LLC, Petitioner
Pennsylvania
Daniel P. LynnColumbia County District Attorney, Respondent