Posted on 06/11/2020 7:03:16 PM PDT by lightman
Senate Urges Court to Enforce Resolution Ending Wolfs Emergency Declaration Posted on Jun 10, 2020
(HARRISBURG) Noting that Governor Wolf has refused to carry out his mandatory duty to act upon a resolution passed by the General Assembly that ends his emergency declaration, Senate President Pro Tempore Joe Scarnati (R-25) and Senate Majority Leader Jake Corman (R-34) today urged the states Commonwealth Court to command the Governor to terminate the declaration in accordance with the law.
Governor Wolfs failure to issue an executive order or proclamation ending the COVID-19 state of disaster emergency is unlawful, unreasonable, and without just cause, the lawmakers said in the lawsuit filed today. Governor Wolf has no discretion to refuse to issue an executive order or proclamation ending the COVID-19 state of disaster emergency.
House Resolution 836, which was passed by the General Assembly with bi-partisan support, ends the executive order Wolf used to shut down employers, which was issued on March 6 and renewed on June 3. Scarnati and Corman said the governor has used the emergency declaration to change and suspend state laws, spend state and federal taxpayer dollars without the approval of the General Assembly and prevent shuttered businesses from reopening with new safety measures in place.
Governor Wolf said today in a news conference that he will not meet his obligation to issue an executive order or proclamation ending the COVID-19 state of disaster emergency.
According to the filing, Section 7301(c) of the Emergency Management Services Code provides that if the General Assembly terminates a state of disaster emergency by concurrent resolution, then the Governor must immediately act, without discretion, to formally end his prior proclamation, stating as follows: Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.
State law allows for the temporary suspension of civil liberties under dire circumstances, Scarnati said. We allowed the governor that time initially to flatten the curve. The need to suspend civil liberties in the interest of public health and safety has clearly passed.
By his own statement, the Governor has indicated that we are returning to a new normal. Our laws do not provide for a Governor to create a new normal, rather they provide for three separate but equal branches of government who have sworn to uphold the law, Corman said. To proceed to his new normal without the legislative process and judicial review is wrong.
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What do the colors mean?
Note that "Green" is "Not a return to the way things were but changing behavior for a new normal".
Pennsylvania Ping!
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Who apointed the judge? We all know the law has nothing to do with what the courts decide, it’s all about who appointed them. If anyone should be in open rebellion, it should be us. But of course we are the snowflakes now.
PA State Supreme Court has 6 D and 3 R.
No chance in he# they will cross the Guv.
6 of the 9 “Justices” are left wing hacks.
I would be shocked if they actually sided with the legislature (we the people).
These judges are elected to 10 year terms.
hopefully PA R’s and independents will be plenty fired up for November!
“If you’ve like the last three months under Wolf you’ll love the next four years under Biden”
This is supposedly it:
BREAKING NEWS ALERT
Pennsylvania no longer has red/yellow/green phase or essential vs. non-essential businesses. HR 836 has been PASSED! Face masks are no longer (nor were they ever) mandatory, and there are no longer restrictions required by law as to occupancy limits!
An excerpt from Senator Doug Mastriano
After two months of pushing back, the emergency order is over.
The Gov will try to keep it. But he cant The General Assembly is not asking him Under Article 35, the Gov will be informed. Not asked that his emergency declaration is over
Expect the Gov to try to reassert his authority but he cant. The emergency order is null and void. His color codes are history. His essential nonessential is gone.
Now we have a constitutional clash. Thats good.
It will be a fight that will end up in commonwealth court per the constitution
But it is over. The Gov will try to push it and may send his bureaucrats out to cause trouble.
I cant predict what he will do but the thing is that his emergency order is over
Dont wait for what the governor says. He will dither snd attempt to bully us. This emergency order is done. Period. We are not asking him. We informed him
Live your life as free people.
We freaking better be, or our new normal will make Venezuela look like a vacation destination!
Trump 2020
mandatory duty to act upon a resolution passed by the General Assembly>>> i told Mastiarano and the guy from lebenon to file a writ of mandamus. The supreme court has already ruled on aspects of title 35 being proper law giving the GOv authority to shut everything down. so the legislature part should be easy to prove.
Judges are elected in PA. I looked up the Commonwealth Court. If Wikipedia is correct, it is 7R - 2D. We need a break here. He is crushing small businesses in the state.
“Live as free people”
LOVE IT.
OK, CommieKKKrat...bring it on!
Yesterday was Himself’s running errands day and it was 97 degrees.
Despite having AC in the car [you can sit and watch the gas needle drop] it was still miserable waiting for him to finish his business.
I had a couple places to go and they required masks, but the heat made breathing without one agony already.
The first store, I walked in to the usual “put on your mask” but I snarled “My doctor and the ADA say I don’t HAVE to”.
Freaked the employee out and she left me alone.
The next three stores, I walked in and before anyone could even say anything I repeated my snarl.
Walked naked the rest of the day.
I have been nice, polite and respectful for two months but I have HAD it.
You may have read it here first (June 9)
http://www.freerepublic.com/focus/f-news/3853947/posts
(June 10)
http://www.freerepublic.com/focus/f-news/3854208/posts
Just do a George Floyd imitation and say “I can’t breathe!”
(Ever think that masking is a way to make whitey suffer?)
What about the business’s?
Learning To Fly - Tom Petty & The Heartbreakers
https://www.youtube.com/watch?v=I6lyaolPIOc
I have said that, several times.
Most seem to miss the irony.
I don’t live there so I can’t say *however*, I see that Michaels, JoAnn and Hobby Lobby are now open again.
They were slammed shut even before their Maryland counterparts.
My guv, Czar Larry “Lockdown” Hogan is “allowing” restaurants to open tomorrow and malls and casinos next Friday.
According to some politically savvy person in the Reopen MD group, there’s “not enough money” to reopen Maryland, now.
Apparently there are kickbacks involved.
My prayers are for for the small business’s.Listen to the song I posted.You will fly again.I had to close down a non-profit thrift store after Sandy.Never made a dime but was able to pay the bills for the store only.It was in a disaster area and all the polls were down so we closed.Somehow it became happy as we sang songs and packed things.Sister sent me a convert who would break out with a joke.Yes as the song say it broke my heart,we helped the homeless and yes we landed,that part of our ministry was done.I am praying for all the Souls who are losing their business’s right now.((((Hugs))))
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