Federal Judge In Pittsburgh Declares Wolf’s Key COVID-19 Restrictions Unconstitutional

By John L. Micek, The Pennsylvania Capital-Star

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Sept. 14, 2020

*This developing story will be updated.

A U.S. District court judge in Pittsburgh has struck down the most significant portions of the Wolf administration’s efforts to contain the COVID-19 pandemic, finding that state-imposed limits on outdoor gatherings, its stay at home order, and its business shutdown orders were unconstitutional.

Officials in four southwestern Pennsylvania counties: Butler, Fayette, Greene and Washington counties, brought the action. They were joined by businesses and Republican office-seekers.

“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,” U.S. District Judge William S. Stickman IV wrote in a 66-page opinion. “Rather, the Constitution sets certain lines that may not be crossed even in an emergency.”

The court’s ruling found that Wolf’s business shutdown plan, enacted by executive order in March as the pandemic took hold, violated the Constitution’s equal protection clause, and that administration’s stay-at-home orders violated constitutional due process protections.

In his ruling, Stickman, who was nominated to the bench by President Donald Trump in 2019, recognized that “defendants undertook their actions in a well-intentioned effort to protect Pennsylvanians from the virus.”

But “good intentions toward a laudable end are not enough to uphold governmental action against a constitutional challenge,” Stickman wrote.

Judge notes balancing act: "In an emergency, even a vigilant public may let down its guard over its constitutional liberties only to find that liberties, once relinquished, are hard to recoup and that restrictions…may persist long after immediate danger has passed." 5/?
— Kevin M. Levy (@LegalLevy) September 14, 2020

“In an emergency, even a vigilant public many let down its guard over its constitutional liberties only to find that liberties, once relinquished, are hard to recoup and that restrictions – while expedient in the face of an emergency situation – may persist long after immediate danger has passed,” Stickman added.

Public gathering limits in the state, imposed in July, are 25 for indoor events and 250 for outdoor events. Stickman noted in his opinion that he was not asked to address capacity limits at restaurants, and did not do so, the Herald-Standard of Uniontown reported.

As I predicted over the last few months, the longer these restrictions last, the less deference courts will give to the governor. The Judge here seems to be skeptical to Governor Wolf's claims for extraordinary powers since these orders are part of a "new normal." 9/?
— Kevin M. Levy (@LegalLevy) September 14, 2020

While ruling in favor of businesses and Republican office-seekers, Stickman dismissed the plaintiffs Washington, Greene, Fayette and Butler counties that spearheaded the legal action, the Herald-Standard further reported.

Local businesses and residents remain plaintiffs in the suit, the newspaper reported.

Legislative Republicans have complained for months that Wolf, who recently renewed his COVID-19 emergency declaration, had exerted over-broad executive authority to try to contain the pandemic. In July, the Pennsylvania Supreme Court sided with the Democratic administration, tossing a challenge to its emergency authority.

Kevin M. Levy, an attorney who has tracked the administration’s pandemic policies noted on Twitter that “the longer these restrictions last, the less deference courts will give to the governor. The judge here seems to be skeptical to Governor Wolf’s claims for extraordinary powers since these orders are part of a new normal.'”

A spokesman for House Republicans said a statement on the ruling would be forthcoming.

A spokeswoman for Wolf said the administration was aware of the ruling and that it was under review.

Read the full text of the ruling below:

Federal Opinion by jmicek on Scribd

Capital-Star Staff Reporter Stephen Caruso contributed to this story.

This story was originally published by the Pennsylvania Capital-Star. For more stories from the Pennsylvania Capital-Star, visit PennCapital-Star.com.