Pennsylvania: Judge Rules Wolf, Levine’s Shutdown Orders Unconstitutional

[Burnt Reynolds 5,058]

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A federal judge on Monday struck down Gov. Tom Wolf’s pandemic restrictions that required people to stay at home, placed size limits on gatherings and ordered “non-life-sustaining” businesses to shut down, calling them unconstitutional.

U.S. District Judge William Stickman IV sided with plaintiffs that included hair salons, drive-in movie theaters, a farmer’s market vendor, a horse trainer and several Republican officeholders who sued as individuals.

Stickman, an appointee of President Donald Trump, wrote in his ruling that the Wolf administration’s pandemic policies have been overreaching, arbitrary and violated citizens’ constitutional rights.

 

https://www.breitbart.com/politics/2020/09/14/pennsylvania-judge-rules-wolf-levines-shutdown-orders-unconstitutional/

 

Full ruling:

https://www.scribd.com/document/476017344/Judge-Stickman-s-order-in-Butler-County-v-Wolf
 

I think the conclusion is worth putting (look at the rationale used as well to dissect and tear apart the arbitrary and indefinite nature of these emergencies), it needs to be emphasized nationwide:

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The Court closes this Opinion as it began, by recognizing that Defendants’ actions atissue here were undertaken with the good intention of addressing a public health emergency. But 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. There is no question that this Country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. 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. Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by Defendants crossed those lines. It is the duty of the Court to declare those actions unconstitutional. Thus, consistent with the reasons set forth above, the Court will enter judgment in favor of Plaintiffs.

 

[TBoneTX 46,118]

Good story, good result, great conclusion.  Interesting to see a judge actually cite the Constitution.