Senate Republicans Move First To Court Asking It To ‘Command’ The Governor To Carry Out Their Mandate To End COVID-19 Emergency Declaration

On June 10, Senate President Pro Tempore Joe Scarnati (R-Jefferson) and Senate Majority Leader Jake Corman (R-Centre) filed a petition on behalf of the entire Senate Republican Caucus with Commonwealth Court to “command” Gov. Wolf to terminate the declaration in accordance with the law.

The action came just hours after Gov. Wolf said the action taken by the Republican Senate and House could not unilaterally end the emergency declaration and not a single business would reopen as a result of their action because it did not address the Department of Health orders that are still in effect. Read more here.

“Governor Wolf’s failure to issue an executive order or proclamation ending the COVID-19 state of disaster emergency is unlawful, unreasonable, and without just cause,” the lawmakers said in the lawsuit filed today. “Governor Wolf has no discretion to refuse to issue an executive order or proclamation ending the COVID-19 state of disaster emergency.”

House Resolution 836, which was passed by the General Assembly with bi-partisan support, ends the executive order Wolf used to shut down employers, which was issued on March 6 and renewed on June 3.  

Senators Scarnati and Corman said the governor has used the emergency declaration to change and suspend state laws, spend state and federal taxpayer dollars without the approval of the General Assembly and prevent shuttered businesses from reopening with new safety measures in place.

The Senators said Gov. Wolf said in a news conference that he will not meet his obligation to issue an executive order or proclamation ending the COVID-19 state of disaster emergency.

According to the filing, “Section 7301(c) of the Emergency Management Services Code provides that if the General Assembly terminates a state of disaster emergency by concurrent resolution, then the Governor must immediately act, without discretion, to formally end his prior proclamation, stating as follows: ‘Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.’

“State law allows for the temporary suspension of civil liberties under dire circumstances,” Sen. Scarnati said. “We allowed the governor that time initially to flatten the curve. The need to suspend civil liberties in the interest of public health and safety has clearly passed.”

“By his own statement, the Governor has indicated that we are returning to a ‘new normal.’ Our laws do not provide for a Governor to create a ‘new normal,’ rather they provide for three separate but equal branches of government who have sworn to uphold the law,” Sen. Corman said. “To proceed to his ‘new normal’ without the legislative process and judicial review is wrong.”

Click Here for a copy of the petition.

NewsClips:

Cap-Star: Wolf, Senate Republicans Headed To Court In Fight Over COVID-19 Emergency Declaration
AP: Wolf, Lawmakers Clash Over Ending Emergency Declaration

Wallace McKelvey: Wolf Plans To Take COVID-19 Emergency Declaration Fight To Court

Laura Olson: Wolf, Republican Lawmakers Likely Headed To Court Over Resolution Ending Emergency Declaration

Cap-Star: ‘I’m Standing For Safety:’ Wolf Readies For Court fight Over Vote Toppling His COVID-19 Emergency Order

Wolf Pledges To Take Legislature To Court Over Effort To End COVID-19 Order

Wolf Authority On Emergency Declaration Likely To Hold Up In Court, Legal Experts Say

PA Courts May Avoid Definitive Ruling In Legal Fight Over Governor’s Emergency Powers
Related Article:

Gov. Wolf: Legislature Cannot End Disaster Declaration Unilaterally; Their Vote Did Not Open A Single Business; Will Take The Issue To Court

[Posted: June 10, 2020]