A federal court judge on the District Court for the Western District of Pennsylvania ruled Monday that Gov. Tom Wolf’s and Health Secretary Rachel Levine’s state shutdown orders in response to the COVID-19 pandemic are unconstitutional.
Judge William Stickman IV noted that while the administration’s restrictions were well intended, “good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge.”
“[E]ven in an emergency, the authority of the government is not unfettered. The liberties protected by the Constitution are not fair-weather freedoms–in place when times are good but able to be cast aside in times of trouble,” Stickman wrote in his ruling. “The Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.”
The ruling, found in the case of County of Butler v. Wolf, applies strictly to Wolf and Levine’s limits on the size of gatherings, stay-at-home orders, and business shutdowns, which were first ordered at the onset of the pandemic in March and have twice been renewed since.
“Never before has the government taken a direct action which shuttered so many businesses and sidelined so many employees and rendered their ability to operate, and to work, solely dependent on government discretion,” Stickman continued.
Plaintiffs in the case included several counties, businesses, and individuals, including U.S. Rep. Mike Kelly (R-PA) and state Reps. Daryl Metcalfe (R-Butler), Marci Mustello (R-Butler), and Tim Bonner (R-Mercer/Butler).
In his response to Stickman’s decision, Bonner stated that the court not only found the restrictions in violation of every citizen’s constitutional rights to assemble, exercise freedom of speech, and to due process, but it was also concerned with the lack of transparency under which the restrictions were made and the fear that Wolf did not plan on stopping the use of his emergency powers any time soon.
“The court found that the initial purpose of the governor’s emergency order was to flatten the viral curve and to protect hospital capacity, including ICU beds,” Bonner said. “The court found that the initial emergency declared by the governor was under control and that his emergency powers were no longer needed. The court noted that the governor’s one-man rule should have stopped months ago and that a return to the normal channels of government rule involving the executive and legislative branches of government with its checks and balances should be restored.”
Additional Republican lawmakers throughout the state have also applauded the ruling, stating that Stickman’s opinion confirms what they have been saying for months.
“Finally. Finally an arm of our judicial branch has had the guts to speak the truth,” state Rep. Ryan Warner (R-Fayette/Westmoreland) said, “The time for the governor’s unilateral emergency powers have long since passed. The orders and guidance issued by the governor and Secretary of Health Rachel Levine have been both inconsistent and hypocritical.”
Senate Majority Leader Jake Corman (R-34) noted the General Assembly’s repeated requests to work with Wolf on an approach that works for all without unilateral actions that undermine Pennsylvania residents’ civil liberties.
“The General Assembly proved that time and again as we acted in a bipartisan manner to pass dozens of pandemic-related bills, including efforts to reopen the state, extending necessary resources to vulnerable populations and nursing homes, ensuring our state’s children are educated and hold the administration accountable for unilateral actions,” Corman said. “While we work to protect lives, we cannot disregard the civil liberties of Pennsylvanians. We hope that this ruling will signal to the Governor that he must no longer spurn attempts by the General Assembly to provide input through legislation.
Wolf has yet to directly comment on the court decision. However, Lyndsay Kensinger, a spokesperson for the governor’s office, stated that the administration will seek a stay of the orders while it appeals the ruling.
“The actions taken by the administration were mirrored by governors across the country and saved, and continue to save lives in the absence of federal action. This decision is especially worrying as Pennsylvania and the rest of the country are likely to face a challenging time with the possible resurgence of COVID-19 and the flu in the fall and winter,” Kensinger said in a written statement.