A Tuesday ruling from the Commonwealth Court lifting the stay of the state's mandate for wearing face masks in all schools to help prevent the spread of COVID-19 is giving the petitioners confidence that the state Supreme Court will overturn the mandate in December.

The Commonwealth Court ruling lifts the stay as of Dec. 4, when the ruling will be published in the Pennsylvania Bulletin.

The state Department of Health appealed the Commonwealth Court's Nov. 10 order voiding the mask mandate, calling it “a regulation not duly promulgated in accordance with the Commonwealth Documents Law and the Regulatory Review Act.”

However, the mandate remains in place because the state's appeal triggered an automatic stay until the Supreme Court resolves the appeal.

Butler attorney Tom King who represents the petitioners, including parents of Butler County students in the Butler Area School District, Slippery Rock Area School District and Calvary Academy, noted that Tuesday's decision includes a statement that the petitioners are likely to prevail in Supreme Court based on the merits of their arguments. He said the ruling and the statement are reasons for confidence in having the mandate overturned.

“I think it's a great victory for the rule of law in Pennsylvania,” King said. “We're confident in our position. We're confident that the governor is wrong and should never have done this. Commonwealth Court voted 4-1 to agree with us.”

Two state legislators and parents from other parts of the state are also among the petitioners.

King said the Supreme Court will hear the state's appeal some time in December when the court will be in session in Philadelphia, but a specific date hasn't been scheduled.