A federal court judge in Pennsylvania just ruled that the governor’s COVID-19 orders shutting down businesses and restricting gatherings are unconstitutional and therefore unenforceable. By striking them down, the judge set up a conflict between the court system and the governor’s office – leaving employers caught in the middle. Although this current conflict will not have much of an impact on businesses at the current time, it needs to be resolved before any possible “second wave” of COVID-19 cases hits in the coming months and leads to further government orders impacting the business community. What do Keystone State employers need to know about the September 14 court decision?
The Court’s Decision: Governor Went Too Far
A federal judge in the Western District of Pennsylvania appointed by President Trump, Judge William Stickman IV, ruled that Governor Tom Wolf’s shutdown orders and business closures are unconstitutional. The lawsuit leading to the ruling was initiated on behalf of Butler, Fayette, Greene, and Washington counties, four Republican lawmakers, and several small businesses. It targeted Governor Wolf and Rachel Levine, Secretary of the Pennsylvania Department of Health, seeking a declaration that their actions violated and continue to violate the First Amendment, as well as the Due Process and Equal Protection clauses of the Fourteenth Amendment. Specifically, the challengers took issue with the numeric limitations on the size of gatherings and components of the shutdown orders closing “non-life-sustaining” businesses and requiring Pennsylvanians to stay-at-home. After climbing the procedural hurdles – including whether all of the challengers had standing and what level of scrutiny was to be applied – the judge considered the substantive issues at hand.
Judge Stickman first considered Governor Wolf’s July 15, 2020 Order imposing limitations on “events and gatherings” of 25...
