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Federal judge rules Pennsylvania's coronavirus orders are unconstitutional
The Hill ^ | 09 14 2020 | Justine Coleman

Posted on 09/14/2020 11:55:02 AM PDT by yesthatjallen

A federal judge ruled on Monday that Pennsylvania Gov. Tom Wolf’s (D) coronavirus orders, which shut down the state, closed businesses and limited gatherings, were unconstitutional.

U.S. District Judge William Stickman IV, a Trump appointee, said in his opinion that Wolf’s and Pennsylvania Secretary of Health Rachel Levine’s COVID-19 orders violated and continue to violate the First Amendment right to freedom of assembly and the due process and equal protection clauses of the Fourteenth Amendment.

The efforts to stop the spread of coronavirus “were undertaken with the good intention of addressing a public health emergency,” Stickman wrote.

“But even in an emergency, the authority of government is not unfettered,” he added

“There is no question that this Country has faced, and will face, emergencies of every sort,” he wrote. “But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment.”

Four Pennsylvania counties -- Butler, Fayette, Greene and Washington -- along with Rep. Mike Kelly (R-Pa.), state representatives and seven businesses and their owners challenged the state government’s coronavirus orders. Their lawsuit was filed in May when these counties were in the “red” phase requiring residents to stay at home.

SNIP

(Excerpt) Read more at thehill.com ...


TOPICS: Extended News; News/Current Events; US: Pennsylvania
KEYWORDS: chinavirus; coronavirus; judiciary; lockdown; paping; pennsylvania; politicaljudiciary; tommiethecommie; trumpjudge; wdpennsylvania; williamstickman; williamstickmaniv; wolf
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1 posted on 09/14/2020 11:55:02 AM PDT by yesthatjallen
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To: yesthatjallen

Ya Think? Stupid is as stupid does....now they figure that out.


2 posted on 09/14/2020 11:56:45 AM PDT by EagleUSA
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To: yesthatjallen

“But even in an emergency, the authority of government is not unfettered,” he added

“There is no question that this Country has faced, and will face, emergencies of every sort,” he wrote. “But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment.”

Well said and is the most important point that most are missing.


3 posted on 09/14/2020 11:58:16 AM PDT by walkingdead (We are sacrificing America's youth on the altar of our own fear. And it is a travesty.)
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To: yesthatjallen

As a PA resident, I can say the damage has already been done. One of my relatives and his business went bankrupt.


4 posted on 09/14/2020 11:59:04 AM PDT by Ciexyz (Prayers for America.)
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To: yesthatjallen

Doesn’t this judge know that the Secretary of Health is a chickwithadick and therefore you cannot say or do anything against them?


5 posted on 09/14/2020 12:06:13 PM PDT by shelterguy
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To: yesthatjallen

“a Trump appointee”

Elections matter.


6 posted on 09/14/2020 12:06:39 PM PDT by rightwingcrazy (;-,)
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To: yesthatjallen

He’ll appeal and keep them in place. Leftists love power and he won’t give his up easily.


7 posted on 09/14/2020 12:10:16 PM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: yesthatjallen

IT'S ABOUT TIME!

Too bad this didn't happen,nationwide,about 8 months ago.

8 posted on 09/14/2020 12:13:47 PM PDT by Gay State Conservative (Thanks To Biden Voters Oregon Is Now A Battleground State!)
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To: shelterguy

He-bitch is on in 14 minutes.


9 posted on 09/14/2020 12:15:36 PM PDT by EEGator
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To: Ciexyz

The governor in Massachusetts, Charlie Faker, is also being sued but in state court where he will probably get praise.

But you’re right, the ruling comes months after untold damage has been inflicted. Timely relief was what was needed.


10 posted on 09/14/2020 12:16:09 PM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: pepsi_junkie

Yup. Wolf will appeal. He has a press conference scheduled in 15 minutes which I am sure will be a disgusting spectacle. “This Trump judge is trying to kill people, yadda yadda.”

This likely ends with another John Roberts sellout.


11 posted on 09/14/2020 12:16:28 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: shelterguy

The immoral four (Wolf, Pfefferman, Levine and Shapiro) are progyny of Lord Voldemort and the eye from Lord of the Rings. Satan incarnate. We need an exorcism not an election.


12 posted on 09/14/2020 12:18:20 PM PDT by ScholarWarrior
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To: Buckeye McFrog

Maybe he will do a Dwyer.


13 posted on 09/14/2020 12:19:06 PM PDT by ScholarWarrior
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To: yesthatjallen

bookmark


14 posted on 09/14/2020 12:21:54 PM PDT by SteveH
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To: walkingdead

Finally!.....This federal judge is upholding the constitution! So Proud of Kelly and those who got together to fight this!


15 posted on 09/14/2020 12:22:40 PM PDT by caww (The Left are in war mode to regain power...NOT have an election.)
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To: Buckeye McFrog

yes, they will say Trump is trying to kill people, that this is a Trump judge who is taking orders from Trump, etc.

Just as the teachers unions have said that Trump wants to send teachers back to school to die of the virus..........

These people are insufferable.


16 posted on 09/14/2020 12:24:28 PM PDT by Dilbert San Diego
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To: ScholarWarrior

Wolf won’t do a Dwyer. At least not unless he’s lost this at SCOTUS.

Levine might pull one though if the Feds really started digging into the mom being pulled from the nursing home.


17 posted on 09/14/2020 12:26:16 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: ScholarWarrior

That’s funny, we were replying to each other with similar thoughts at the same time on different threads. We must be related or maybe neighbors.


18 posted on 09/14/2020 12:26:50 PM PDT by ScholarWarrior
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To: Buckeye McFrog

Post 18 was meant for you.


19 posted on 09/14/2020 12:27:47 PM PDT by ScholarWarrior
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To: Buckeye McFrog

Agree, actually neither one would over this. They have no externally induced guilt.


20 posted on 09/14/2020 12:29:00 PM PDT by ScholarWarrior
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