A federal appellate court ruled Tuesday the county's lawsuit over state COVID-19 restrictions was moot, but the lawyers challenging the restrictions vow a further fight.

The ruling, written by Judge Patty Shwartz of the U.S. Court of Appeals for the Third Circuit, found that, because orders issued by Gov. Tom Wolf and the secretary of health had expired, the legislature terminated Wolf's disaster declaration and no state official has indicated they intend to issue new orders, no legal remedy existed and, as such, the court cannot rule on the merits of the case.

Thomas King, a Butler attorney representing the COVID order challengers, pledged to appeal in hopes to get a final answer on the arguments raised.

“The Third Circuit did not address the constitutional issues raised in the case,” King said Wednesday. “But we intend to ask the U.S. Supreme Court to review this opinion and to affirm Judge (William S.) Stickman's order (that the orders were unconstitutional).”

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