Commonwealth Foundation Comments on Gov. Shapiro’s Executive Overreach

Harrisburg, Pa., September 23, 2026—As the public-comment period concludes for the Shapiro administration’s proposed Department of Health regulations, the Commonwealth Foundation urges the administration to withdraw its sweeping power grab.  

Policy experts from the Commonwealth Foundation are available to discuss the proposed rule’s executive overreach, the constitutional and parental-rights concerns it raises, and its potential impact on Pennsylvania families, schools, and child- and health-care providers. 

The Commonwealth Foundation opposes this egregious proposal, joining the outpouring of opposition, which includes more than 9,000 comments submitted by citizens and organizations and 16 legislative comments representing 110 lawmakers.  

The Foundation’s published comments explain why the proposed rules—formally known as Regulation #10-242, amending 28 Pa. Code Chapter 27—exceed the Department of Health’s authority, lack adequate cost analysis, and raise serious constitutional concerns. 

The Commonwealth Foundation commented as follows: 

“The Foundation has strong objections to the broad powers given to the Department of Health (DOH), which conflict with basic constitutional rights, and the failure of the department to assess the costs of these changes to schools, daycares, and healthcare providers. … 

“Pennsylvania was the first state to amend its constitution in 2021 to limit executive authority following COVID-19 … The message [was] clear: Pennsylvanians do not support governing by decree. However, the proposed regulations reinstate and expand these executive powers. … 

“The Shapiro administration isn’t merely seeking to reestablish authority revoked in 2021; it is seeking unchecked powers that cut to the very heart of our freedoms as citizens. Governor Shapiro is asking his own agency to write itself new powers. … 

“This sets a dangerous precedent that should concern all Pennsylvanians who believe government answers to its citizens. … 

“This gross overreach is unnecessary, inappropriate, and most likely unconstitutional.” 

Megan Martin, chief operating officer and general counsel of the Commonwealth Foundation, offered additional commentary: 

“The Commonwealth Foundation is proud to stand with the thousands of Pennsylvanians who voiced their objections to this blatant and unconstitutional government power grab. No one wants 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 wrote more about this proposal in an op-ed in the Washington Times.