Commonweath Partners Chamber of Entrepreneurs are urging the Third Circuit Court to reject Gov. Tom Wolf’s business closures and uphold a previous ruling that found his actions unconstitutional.
In September, District Court Judge William Stickman ruled Wolf’s business closures, limits on gatherings, and stay-at-home orders are all unconstitutional. Attorney General Josh Shapiro defended the governor’s actions, requesting a stay of the court’s order on behalf of the Wolf Administration. The stay was granted and the case is now on appeal in the Third Circuit.
Commonwealth Partners, a membership association that includes job creators across the state who employ thousands of people spanning several diverse industries, filed an amicus brief on Dec. 30 in County of Butler v. Wolf to request the court’s cooperation.
“For nearly 10 months, Gov. Wolf has held Pennsylvania businesses hostage to his ever-changing, inconsistent, and unscientifically supported orders and mandates, depriving tens of thousands of workers and business owners not only of their livelihoods but also of the due process guaranteed to them under the Fourteenth Amendment of our Constitution,” Matthew Brouillette, president and CEO of Commonwealth Partners, said.
In its filing, Commonwealth Partners said that its members not only suffered from the state mandated closures, but also from the “vagaries and deficiencies” in the waiver process implemented by the Wolf Administration.
“It’s one thing for Wolf to claim the need for immediate and unilateral action to protect lives—as he did in March,” Brouillette said. “It’s quite another for him to assume sole rule indefinitely with no clear goal or timeline and with decision-making shrouded in secrecy—as he’s done for the past many months.
Brouillette noted that while the promise of a vaccine is present, there is not a guaranteed end to the COVID-19 pandemic anytime soon.
“Our Constitution—written shortly after a devastating smallpox epidemic—contains no provision for suspending liberties amid pandemics. This was no accident,” he continued. “We urge the Third Circuit Court of Appeals to uphold the District Court’s ruling and, in so doing, to uphold our Constitution.”