Shapiro Walks Back Proposed Rule Already Rejected Twice by Voters

Public comment proves its power once again.

Post-COVID, only Pennsylvania constitutionally limited executive powers. Article 4, Section 20 of its Constitution now reads:

§ 20. Disaster emergency declaration and management.

(a) A disaster emergency declaration may be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or threat of a disaster is imminent that threatens the health, safety or welfare of this Commonwealth.

(b) Each disaster emergency declaration issued by the Governor under subsection (a) shall indicate the nature, each area threatened and the conditions of the disaster, including whether the disaster is a natural disaster, military emergency, public health emergency, technological disaster or other general emergency, as defined by statute. The General Assembly shall, by statute, provide for the manner in which each type of disaster enumerated under this subsection shall be managed.

(c) A disaster emergency declaration under subsection (a) shall be in effect for no more than twenty-one (21) days, unless otherwise extended in whole or part by concurrent resolution of the General Assembly.

(d) Upon the expiration of a disaster emergency declaration under subsection (a), the Governor may not issue a new disaster emergency declaration based upon the same or substantially similar facts and circumstances without the passage of a concurrent resolution of the General Assembly expressly approving the new disaster emergency declaration.

(May 18, 2021, P.L.493, J.R.1)

2021 Amendment. Joint Resolution 1 added section 20.

This week massive expression of public opinion nixed Governor Shapiro's attempt to reinstate warrentless entry and much more via a 502-page rule change to its health code.

https://www.dailysignal.com/2026/09/25/shapiro-walks-back-law/

Shapiro Walks Back Proposed Rule Already Rejected Twice by Voters

Pedro Rodriguez    |    September 25, 2026

Pennsylvania Gov. Josh Shapiro on Friday retracted a policy he recently proposed 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 proposed 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.