Business groups file amici brief in court case seeking end to governor’s emergency declaration

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State business groups filed an amici brief in Wolf v. Scarnati this week, urging the state Supreme Court to apply and uphold its recent decision “that the General Assembly by concurrent resolution may terminate a state of disaster emergency at any time.”

Commonwealth Partners Chamber of Entrepreneurs, Manufacturer & Business Association, the Pennsylvania Manufacturers’ Association, and the National Federation of Independent Business Pennsylvania filed the amici brief.

“Just a few weeks ago, the Pennsylvania Supreme Court provided clear guidance on the constitutional and legal mechanism by which the General Assembly can end a governor’s disaster declaration,” Commonwealth Partners President and CEO Matt Brouillette said. “The General Assembly followed the court’s guidance and passed a concurrent resolution terminating Gov. Wolf’s disaster declaration—yet Gov. Wolf refuses to comply with the law or with the court’s clear guidance. We ask the court to uphold its own ruling, remind the governor of the same, and direct him to terminate his declaration in accordance with the law.”

The initial state Supreme Court decision was declared during review of the Friends of Danny DeVito, et al v. Wolf, which was filed on March 24. Petitioners in the case included four Pennsylvania businesses and one individual who sought extraordinary relief from Gov. Tom Wolf’s March 19 Executive Order closing all non-life-sustaining businesses. While the petitioners’ case for relief was ultimately denied, the Supreme Court did acknowledge the General Assembly had the power to end the disaster declaration.

House Resolution 836, which was passed by the General Assembly with bipartisan support and was issued on March 6 and renewed on June 3, ends Wolf’s Executive Order shutting down businesses. Wolf stated that he had no intention of meeting his obligation to issue a proclamation ending the COVID-19 state of disaster emergency and subsequently filed Wolf v. Scarnati, et al on June 17.

“For months, Gov. Wolf has taken Pennsylvania into uncharted territory,” said David N. Taylor, president and CEO of the Pennsylvania Manufacturers’ Association. “As we seek a path forward, we must abide by our state constitution and the rule of law. Gov. Wolf’s continued unilateral actions and disregard for the Legislature’s responsibilities and authority are a threat to representative self-government, which is why we are respectfully petitioning the court to uphold our constitution and our laws, particularly in times of crisis.”

Senate President Pro Tempore Joe Scarnati (R-25) and Senate Majority Leader Jake Corman (R-24) have fought to enforce House Resolution 836, arguing that, while state law allows for the temporary suspension of civil liberties under extreme circumstances, that time has now passed.

“State lawmakers—with bipartisan support—exercised their legal and constitutional authority to end Gov. Wolf’s disaster declaration by concurrent resolution,” Gordon Denlinger, Pennsylvania State Director of the National Federation of Independent Business, said. “They did so after showing extreme patience over many weeks with the governor’s ever-changing orders, malleable metrics, and vague guidelines — all of which have inflicted untold pain on Pennsylvania’s business community. We ask that the court follow its recent guidance and uphold the Legislature’s resolution.”