The U.S. Supreme Court on Monday denied a petition by several Butler County officials and businesses to hear a case regarding the state's COVID-19 restrictions, leaving in place a federal appeals court's decision that the case was moot.

The court deciding not to hear the case means, despite nearly two years of litigation, there will likely be no determination as to whether Gov. Tom Wolf's COVID-19 mitigation orders violated the Constitution.

Only about 1% of cases appealed to the Supreme Court are granted certiorari, according to Tom King, the Butler attorney representing the plaintiffs. Four of the nine justices must agree to hear a case for it to end up on the court's docket.

“It's disappointing, but it's not surprising,” King said.

Nearly two years ago, in May 2020, Butler County was one of 16 plaintiffs in the lawsuit, seeking a federal court to rule unconstitutional Wolf's and then-state Health Secretary Dr. Rachel Levine's coronavirus restrictions.Butler was joined by Fayette, Greene and Washington counties; U.S. Rep. Mike Kelly, R-16th; state Reps. Marci Mustello, R-11th, Daryl Metcalfe, R-12th, and Tim Bonner, R-8th; and numerous businesses and business owners.The U.S. District Court for the Western District of Pennsylvania first ruled in September 2020 that the state's viral mitigation strategies — specifically the congregate gathering limits, stay-at-home mandate and business-closure orders — violated the Constitution. Judge William S. Stickman IV also dismissed the counties from the lawsuit at that time, finding they do not have the capacity to sue.In October, the U.S. Court of Appeals for the 3rd Circuit stayed Stickman's ruling until the appellate court could come to a decision following the governor's appeal.

It took 10 months for the appeals court to even hear arguments in the case, and many events changed the case's course.Between October 2020 and July 2021, when the appeals court heard the case, state voters passed a constitutional amendment granting the General Assembly power to end a governor's emergency declaration, an action the legislature took in May.Because the state's COVID-19 mitigation orders largely were over by July 2021, the appellate court determined it no longer could hear the case under the doctrine of mootness. Essentially, the court ruled in August, there was no longer a controversy for it to decide.County politicians and businesses, in the Nov. 10 appeal to the Supreme Court, argued the state's actions between August and November show it could repeat the actions the District Court found unconstitutional while avoiding scrutiny by the judiciary.“On Sept. 7, 2021, only 27 days after the court of appeals' Aug. 11, 2021, opinion, the secretary of health ... issued an order directing face coverings in schools,” the petition reads in part. “The secretary of health's actions were entirely predictable because the governor foreshadowed their intentions through the media.”But the court's decision to not hear the case means the appeals court's ruling — which also wiped out the district court's determination of unconstitutionality — remains.Eagle staff writer Steve Ferris contributed to this story.