Battle Over Emergency Order Winds up in PA Supreme Court
Now its in the courts hands.
Governor Tom Wolf on Friday filed court papers with the state Supreme Court to challenge the state legislatures “unilateral” end run on his administrations emergency declaration for the coronavirus pandemic.
Wolf said he anticipates a brief legal battle because only the Governor can end the order, not the General Assembly.
The court filing says the state Constitution requires the General Assembly to present the resolution to Wolf for his approval or disapproval. Wolf is asking the court to rule that the resolution has no legal force if it is not presented to him.
The March 6 shutdown order has helped beat back the rise in COVID-19 cases in the Commonwealth the filing said.
The court filing says the legislative resolution seeks to get around “the Commonwealth’s carefully planned reopening process.” Adding the resolution threatens the checks and balances system of the state.
The Wolf administration asked the court to rule quickly on the issue because the conflict between the legislative and executive branches is causing confusion in the public mind.
“The constitution is pretty clear on this, but just to make sure we are going to take it to the courts to make sure we are not missing something,” said Wolf after the court filing was made public.
Generally Assembly Republicans disagree and point to the bi-partisan support of the resolution.
“As evidenced by the bipartisan vote in the House and Senate, ending the declaration now is in the best interest of ensuring Pennsylvania can recover effectively and efficiently,” Cutler said. “If the governor chooses to openly violate the plain reading of the law, we will examine all legal actions available to us to act in the best interest of the residents of the Commonwealth,” said House Majority Leader Bryan Cutler (R), earlier this week.
According to BerksMontNews.com Senate Republican’s are seeking a court order forcing Wolf to file a proclamation ending the state of disaster emergency.
Now the public waits.