Gov. Tom Wolf Asks PA Supreme Court to Intervene in Legislature’s Move to Obliterate His Emergency Order

Gov. Tom Wolf speaks at a news conference in his Capitol offices as he unveils a $1.1 bill
Marc Levy/AP Photo

Pennsylvania Gov. Tom Wolf (D) is asking the state’s Supreme Court to intervene following the legislature’s move to override his emergency order and, as a result, the corresponding restrictions.

Wolf’s request follows bipartisan majorities in both chambers passing a resolution aimed to end the governor’s emergency declaration, which he originally signed on March 6 and renewed the day prior to its June 4 expiration. The resolution was not presented to the governor, as the state’s Republican lawmakers contend that “nothing in the statute requires the resolution to go to the Governor for signature/veto,” according to Senate GOP leadership spokesperson Jennifer Kocher.

“A concurrent resolution ending a disaster declaration is not an exercise of the legislature’s lawmaking authority that the Gov can sign/veto,” she said.

A legal challenge was expected but is now official as the governor is petitioning the state’s Supreme Court, arguing that the resolution would “upend the commonwealth’s carefully planned reopening process, a move that experts have declared will further hurt our state economy and cost lives.”

PennLive explains that it is highly unusual for the governor to take the dispute directly to the high court, but Wolf believes time is of the essence.

“This conflict between the legislative and executive branches is causing a great confusion among the public as to whether the disaster continues and whether certain executive orders issued under the Emergency Code remain in place,” the governor’s petition states, describing the confusion as “life-threatening, as individuals look to our government for guidance on how to protect themselves and their families from this deadly pandemic.”

Kocher indicated that the legislature is open to the high court’s involvement.

Per PennLive:

Jennifer Kocher, spokeswoman for Senate Majority Leader Jake Corman said Wolf’s request for the Supreme Court to enter the fray “is not something we oppose.”

She said legislators believe it is clearly within the power of the Legislature, as part of the built-in checks and balances system of our government, to end a declaration of emergency issued by the governor.

The outlet reports that “the odds are good that the Supreme Court will take Wolf up on his request to hear the case immediately.”

Wolf has come under intense scrutiny over his slow approach to reopening the Keystone State, barring businesses in several sectors from reopening for weeks on end and ultimately threatening business owners following reports of a “mutiny” forming.

Despite his devotion to a slow-paced reopening and issuance of several warnings and restrictions, Wolf defied his own orders last week, attending a protest in Harrisburg while Dauphin County remained in the yellow phase of reopening, which prohibits gatherings of groups larger than 25.

“That was inconsistent, I acknowledge that,” Wolf said in press conference last week, responding to a critique from Pennsylvania Rep. Fred Keller (R-PA).

“But I was trying to show support for a cause, the eradication of racism that I think is very, very important and I was trying to show my support for that effort,” Wolf added.

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