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Penn Shutdown Illegal

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  • Penn Shutdown Illegal

    Here's a good portion of the article

    Judge Rules Pennsylvania Governor’s Shutdown Orders Unconstitutional
    By Jack Phillips
    September 14, 2020

    A federal judge has struck down Pennsylvania Gov. Tom Wolf’s CCP virus restrictions that required people to stay at home, put limits on gatherings, and ordered “non-life-sustaining” businesses to stay shut down.

    U.S. District Judge William Stickman IV on Sept. 14 sided with plaintiffs that included drive-in movie theaters, hair salons, farmers markets, and several GOP officials who sued as individuals. Butler, Greene, Fayette, and Washington counties were also listed as plaintiffs.

    Stickman’s judgment stipulates that “the congregate gathering limits imposed by defendants’ mitigation orders violate the right of assembly enshrined in the First Amendment,” the “stay-at-home and business closure components of defendants’ orders violate the due process clause of the Fourteenth Amendment,” and “the business closure components of Defendants’ orders violate the Equal Protection Clause of the Fourteenth Amendment.”

    The judge, who was appointed by President Donald Trump, argued that the actions taken by Wolf and Pennsylvania Secretary of Health Rachel Levine, who are both Democrats, “were undertaken with the good intention of addressing a public health emergency,” but that “even in an emergency, the authority of 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 said. “There is no question that this country has faced, and will face, emergencies of every sort.”

    Stickman added that the solution to the crisis “can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment.
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    I thought this response was funny


    The ruling also does not touch on the Wolf Administration’s mask order. Kevin Levy is a Center City-based attorney.

    “The court didn’t say that they were constitutional. The court just didn’t answer those questions. I believe there are several other lawsuits out right now asking those questions,” said Levy, with Saul Ewing Arnstein & Lehr LLP.

    The governor’s office sent a statement, saying they are disappointed in the ruling and are looking to appeal the decisions that say the stay-at-home and business shutdown orders were unconstitutional. You can read the complete statement below:

    “The administration is disappointed with the result and will seek a stay of the decision and file an appeal. 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. Today’s court ruling is limited to the business closure order and the stay at home orders issued in March and were later suspended, as well as the indoor and outdoor gathering limitations. This ruling does not impact any of the other mitigation orders currently in place including, but not limited to the targeted mitigation orders announced in July, mandatory telework, mandatory mask order, worker safety order, and the building safety order.”

    © Copyright Original Source

    The funny part is
    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
    The stupid thing in this is the idea that the feds have any more authority here than the states. It sounds like the governor wants to place blame on the Fed govt.

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