PA: COVID-19 restrictions by Gov. Wolf, Dr. Levine ‘unconstitutional,’ judge rules

[mountaineer]

COVID-19 restrictions by Gov. Wolf, Dr. Levine ‘unconstitutional,’ judge rules
WPXI, Pittsburgh
Sept. 14, 2020

BUTLER COUNTY, Pa. — A judge ruled in favor of several local counties in a federal lawsuit filed against Pennsylvania Gov. Tom Wolf and Secretary of Health Dr. Rachel Levine over COVID-19 restrictions on gatherings and orders to close all “non-life-sustaining” businesses.

Butler, Fayette, Greene and Washington counties were plaintiffs in the lawsuit.

The judge said the actions of Wolf and Levine were taken with “good intention of addressing a public health emergency,” but they were unconstitutional.

“The Constitution sets certain lines that may not be crossed, even in an emergency,” the judge’s opinion read. It went on to say those lines were crossed.

More details to follow

[mountaineer]

Another lawsuit against Gov. Wolf and Dr. Rachel "Dick" Levine is pending:

September 04, 2020
Pennsylvania couples sue Gov. Wolf for acting as 'king' amid COVID-19 crisis
Lawsuit clams face coverings are an oppressive 'political symbol'
By Michael Tanenbaum
PhillyVoice Staff


Pennsylvania Gov. Tom Wolf has been sued by a pair of couples who claim his emergency powers have run rampant during the coronavirus pandemic. The suit specifically objects to the state's mask mandate and contact tracing program.

Two Pennsylvania couples have filed a federal lawsuit against Gov. Tom Wolf and other top state officials, claiming the state's face mask mandate and contact tracing program are signs of "tyranny" that strip them of their Constitutional rights.

The lawsuit was filed in the U.S. Middle District Court of Pennsylvania by Chad Parker, Rebecca Kenwick-Parker and Mark and Donna Redman. Pennsylvania Health Secretary Dr. Rachel Levine and Attorney General Josh Shapiro also are named as defendants.

"For many individuals, including plaintiffs, a face mask is a symbol of oppression and an attempt by the government to control the citizenry," the suit claims. ...

[skeeter]

Looking forward to more details here.

[mountaineer]

So far, only WPXI is reporting on it. I'll keep checking.

Edit:  Here's a story from a local radio station:

Posted By: Tyler Frielon: September 14, 2020
Judge Rules Gov. Wolf's COVID-19 Restrictions Unconstitutional

A judge has ruled in favor of Butler and other counties in their lawsuit against Governor Tom Wolf and Dr. Rachel Levine.

Judge William Stickman IV made a ruling Monday morning that the Governor’s orders violated three clauses of the U.S. Constitution; the right of assembly, right to due process, and equal protection clause.

Butler County was joined by Fayette, Greene, and Washington Counties in the suit.

Attorney Tom Breth was one of the lawyers representing the plaintiffs.

“This does not invaldidate his orders in totality,” Breth said. “We were very specific with respect to the stay-at-home order, congregate, and other business closure components of his orders, and that’s what the court dealt with.”

“The court found in our favor in all three of those areas,” Breth said.

Breth says all the restrictions against gatherings, restaurants, and gyms should be removed based on the judge’s ruling. ...

Breth also said this ruling lifts restrictions on campaigning, which would allow larger gatherings for campaign rallies. He also gave credit to local elected leaders for pursuing this lawsuit.   ...

The Governor has a right to appeal the ruling, which would then go to the U.S. Circuit of Appeals Third District. The Pennsylvania Department of Health did not immediately respond with a comment, but said they would be issuing one later in the day.

[massadvj]

It is about freakin' time!

[skeeter]

So far, only WPXI is reporting on it. I'll keep checking.

Edit:  Here's a story from a local radio station:

Another Trump appointee.

Crickets from the Trump's wrong all the time crowd.

[mountaineer]

PITTSBURGH (KDKA/AP) – A federal judge has ruled that Gov. Tom Wolf’s shutdown orders were unconstitutional.

Butler, Fayette, Greene and Washington counties — and some Republican officials like Congressman Mike Kelly and state Reps. Marcie Mustello, Daryl Metcalfe and Tim Bonner — filed a lawsuit against Gov. Wolf and Secretary of Health Dr. Rachel Levine.

They and several businesses said their constitutional rights were violated. The counties were in the “red” phase when they filed the lawsuit in May, saying the restrictions on businesses and gathering limits were unconstitutional.

U.S. District Judge William Stickman IV, an appointee of President Donald Trump, sided with the plaintiffs. Stickman wrote in his ruling that the Wolf administration’s pandemic policies have been overreaching, arbitrary and violated citizens’ constitutional rights. ... KDKA Pittsburgh

[Wingnut]

Most excellent news.  I believe Frank Cannon is happy about this...

[mountaineer]

But ... science!

[Wingnut]

But ... science!

That's a Man Baby! 

[mountaineer]

That's a Man Baby!

Secretary of Health Dr. Rachel (née Richard) Levine, an M.D. specializing in adolescent eating disorders - not public health, communicable diseases or epidemiology.

[mountaineer]

...  U.S. District Judge William S. Stickman IV wrote in his 66-page opinion that even though the actions taken in the spring by Wolf and Health Secretary Dr. Rachel Levine were laudable, they violated the First Amendment right to freedom of assembly, and the Due Process and Equal Protection clauses of the 14th Amendment.  ...

After reviewing the record, Stickman said that he “believes that defendants undertook their actions in a well-intentioned effort to protect Pennsylvanians from the virus. However, good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge. Indeed, the greatest threats to our system of constitutional liberties may arise when the ends are laudable, and the intent is good — especially in a time of emergency.”

Stickman, who was appointed to the bench in 2019, said that “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 — while expedient in the face of an emergency situation — may persist long after immediate danger has passed.”

King said that the judge’s decision finding gathering limits to be unconstitutional now applies to everyone in Pennsylvania. ...

Stickman wrote that the Constitution “sets certain lines that may not be crossed, even in an emergency.”

“The fact is that the lockdowns imposed across the United States in early 2020 in response to the covid-19 pandemic are unprecedented in the history of our commonwealth and our country,” Stickman wrote. “They have never been used in response to any other disease in our history. They were not recommendations made by the CDC.”

Stickman wrote that the defendants never had a set definition for what constituted a “life-sustaining” business, and instead the definition remained in flux. ...

More at Pittsburgh Tribune Review

The opinion may be found at: https://drive.google.com/file/d/1FL3Y1kDPricSINHlym0lVIw9hdsvmZmx/view

[Bigun]

It is about freakin' time!