• Home
  • Articles
  • Contact

Erie County Report

Erie County and PA news, analysis and opinion

PA Supreme Court Decides in Favor of Governor Wolf in Straight Party Line Vote on Ending Emergency Declaration

July 2, 2020 by Paul Crowe

The Pennsylvania Supreme Court, in a 5-2 decision, sided with Governor Wolf, allowing him to ignore a concurrent resolution by the general assembly which declared an end to the state’s current emergency declaration.

What was the case about?

On March 6th, 2020, Governor Wolf declared a state of disaster emergency in Pennsylvania using the authority granted to him under Title 35, Chapter 73 of the Pennsylvania Consolidated Statutes.

The legislature, when this statute was first written, wisely included what you might call an “emergency off switch.” They knew, at some point in the future, a governor might declare an emergency and then refuse to relinquish the extra powers granted to him under that condition, for whatever reason he deemed necessary, so they also included this line which was the focus of the court’s decision:

The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.

On June 9th of this year, the general assembly did just that, declaring an end to the disaster emergency, as the statute clearly and unambiguously states they have the power to do. Governor Wolf, decided to ignore the resolution, arguing the legislature must pass any resolution to him for his signature or veto. That would be true if the general assembly was creating new legislation, but this was not new, in fact it is the very same statute that the governor is currently using as the basis for his authority. In other words, he’s using the part of the law he likes while simply ignoring the part he doesn’t like.

PA Supreme Court justices are politically affiliated

Pennsylvania is one of seven states that selects justices for the supreme court with a partisan election. The Pennsylvania court has 7 justices. Candidates are affiliated with a political party and appear on the ballot like any other candidate for office. It is the rare voter who knows anything about those candidates or their previous legal record. The current court has 5 democrats and 2 republicans on the bench. In an ideal world, a justice, once seated, evaluates each case on its merits with absolute impartiality and adheres to the law, … in an ideal world. Political affiliation doesn’t shouldn’t matter.

Was it justice or politics?

Governor Wolf took the issue to the PA Supreme Court which issued three opinions, the majority opinion with 4 justices siding with the governor, 2 justices dissenting and one justice both concurring and dissenting, who after a long and tortuous process of rejecting most of what the majority decided, still sided with the majority because of an alleged constitutional issue.

So, after extensive legal justification for doing so (the majority opinion encompasses 40 pages) the court decided in a straight party line vote of 5-2, in favor of the governor.

Majority opinion
Concurring and dissenting opinion
Dissenting opinion

Filed Under: COVID-19 Tagged With: PA Supreme Court


Like Erie County Report? Tell everyone about it. Together, we can turn Erie County around!
eriecountyreport.com

-- Subscribe to Erie County Report --

Be the first to know when something’s new

« Erie County and City Join MeToo Movement With Emergency Declarations
Erie Times-News Pledges Commitment to Diversity But Missed Something Obvious »

Subscribe to Erie County Report

Be the first to know when something's new!

Principles we believe in:

More freedom - Less government
Think for yourself - Do it yourself
Free markets - Made in the USA
Buy American - Hire American
---
Sounds pretty good, doesn't it?

The Culture Transplant


How migrants make the economies they move to a lot like the ones they left.

We support American Energy Independence

Oil, coal, natural gas, hydroelectricity and nuclear power – all produced in the United States, can provide all of our country’s affordable, efficient, on demand energy needs for centuries to come.

True Patriotism

“The modern patriotism, the true patriotism, the only rational patriotism is loyalty to the nation all the time, loyalty to the government when it deserves it.”

~ Mark Twain – “The Czar’s Soliloquy,” North American Review (Mar 1905)

Government decision making

"It's hard to imagine a more stupid or more dangerous way of making decisions than by putting those decisions in the hands of people who pay no price for being wrong."
~ Thomas Sowell

Erie Downtown Master Plan

Erie Downtown Master Plan

Erie Refocused Comprehensive Plan

Erie Refocused

Erie Port Authority Master Plan

Port Authority Master Plan

Copyright © 2023 · Erie County Report · Website by Crowe Computer Services
US Army veteran owned and operated
This website proudly Made in the USA!
Made in the USA