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Federal judge denies Gov. Tom Wolf’s request for stay on pandemic restrictions ruling
Pennlive ^ | 22 September A.D. 2020 | Jan Murphy

Posted on 09/22/2020 1:19:52 PM PDT by lightman

A federal judge on Tuesday denied Gov. Tom Wolf’s administration’s request for a stay on a federal court decision that found some of the governor’s COVID-19 pandemic restrictions to be unconstitutional.

The Wolf Administration sought the stay while appealing U.S. Western District Judge William Stickman IV’s order that was issued last week that ruled the governor’s closure of nonessential business, a stay-at-home order and an order to limit gathering sizes were unconstitutional.

In denying the stay, Stickman said, “the public interest would be ill served if the court would grant the stay allowing the unconstitutional measures to remain in place.”

Wolf argued in the underlying case that his actions mirrored those of other governors and said it has saved lives. In seeking the stay while the litigation is heard by the U.S. Third Circuit Court of Appeals, the governor’s team argued staying the decision was necessary to ensure “life-saving mitigation tools ... remain in place.”

The lawsuit against the governor and state Health Secretary Dr. Rachel Levine challenging the constitutionality of the governor’s orders was filed a group of seven businesses and their owners, a congressman, three state representatives and Butler, Fayette, Greene and Washington counties.

In his 66-page ruling, Stickman found the governor’s orders, though “well-intentioned” to protect Pennsylvanians from the coronavirus, violated the First Amendment, and the Equal Protection Clause and Due Process Clauses of the Fourteenth Amendment.

At an afternoon news conference in Philadelphia about the launching of a COVID alert app, Wolf acknowledged that the judge’s ruling does lift the prohibition of mass gatherings of people.

However, he added, “we’re working in the meantime to present schools and others with guidance to say ok, in our best estimation from the health point of view, you got to be careful if you get together. And if you get together in bigger and bigger numbers, you’re leaving yourself open to bigger and bigger likelihood that you’re going to catch the disease.”

Levine said that has been shown to be the case in a number of outbreaks in places around the country.

“It’s not ok” to gather in large numbers, she said. "There are consequences to people’s actions. What this virus has certainly taught us as we’re all interconnected and you can’t avoid that. This is not a political issue. It’s not a partisan issue. it’s a public health issue. "


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Pennsylvania
KEYWORDS: 3rdcircuit; firstamendment; judiciary; openpa; politicaljudiciary; thirdcircuit; tommiethecommie; trumpjudge; wdpennsylvania; williamsstickman; williamsstickmaniv; williamstickman; williamstickmaniv; wolf
"“It’s not ok” to gather in large numbers, [Levine] said. "There are consequences to people’s actions. What this virus has certainly taught us as we’re all interconnected and you can’t avoid that."

The Nanny Tranny's undies are in a twist!
Wetting may follow.

1 posted on 09/22/2020 1:19:53 PM PDT by lightman
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

2 posted on 09/22/2020 1:20:41 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman

Awesome! Pound sand you tyrant-—Now we need limits on the man child in crime. Now fix the Supreme court debacle on voting by mail!


3 posted on 09/22/2020 1:21:57 PM PDT by mikelets456
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To: mikelets456

I suspect the 3rd. Circuit is going to grant a stay while they hear the appeal. A lot of people think that ultimately they’ll side with this judge though.


4 posted on 09/22/2020 1:23:52 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: lightman

......Levine makes me want to puke, regardless of what he/she/it says....one thing this virus HAS taught all of us is that when dips**ts like him and his boss get their grubby hands on power over their subjects, they make life miserable for them.....must be in the human nature of these losers...


5 posted on 09/22/2020 1:28:54 PM PDT by TokarevM57
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To: TokarevM57

Operation Rescue has taken down TWO Ohio Health Directors by digging up personal dirt on them.

Would you guys PLEASE take a run at Levine?


6 posted on 09/22/2020 1:36:51 PM PDT by Buckeye McFrog (Patrick Henry would have been an anti-vaxxer.)
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To: lightman

he/she/it sounds like a pedophile predator.

that said, weird that Pennsylvanians bend
their ... whatever to he/she/it.


7 posted on 09/22/2020 1:40:24 PM PDT by Diogenesis ("when a crime is unpunished, the world is unbalanced")
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To: lightman
Wolf argued in the underlying case that his actions mirrored those of other governors and said it has saved lives. In seeking the stay while the litigation is heard by the U.S. Third Circuit Court of Appeals, the governor’s team argued staying the decision was necessary to ensure “life-saving mitigation tools ... remain in place.”

I guess Wolf values the lives of COVID patients more highly than he does the lives of people that commit suicide due to their despairing the loss of their businesses or their isolation from their fellow human beings.

I guess Wolf values the lives of COVID patients more highly than he does the lives of people that die from untreated illnesses and undiagnosed illness.

I guess Wolf values the lives of COVID patients more highly than he does the lives of those that die of drug use or alcoholism.

I guess for Wolf the only people that count are those that will make billions of dollars from the COVID scam.

8 posted on 09/22/2020 1:46:11 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirs)
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To: Pontiac

+1

Well stated.

+1

Beautifully composed!


9 posted on 09/22/2020 1:51:03 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman
Yuck Fou Wolf .. and ditto to your dickless playmate !
10 posted on 09/22/2020 2:01:53 PM PDT by tomkat
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To: lightman

“Wolf argued in the underlying case that his actions mirrored those of other governors and said it has saved lives.”

Neither of those arguments is actually relevant to the question of whether the measures are constitutional. Wolf’s lawyers probably would have served him better if they had made a relevant argument, but I guess they couldn’t come up with one.


11 posted on 09/22/2020 2:05:34 PM PDT by Boogieman
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To: lightman

Thankyou kindly


12 posted on 09/22/2020 2:09:37 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirs)
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To: Boogieman

You are correct

That is not a Constitutional argument.

But the Constitution is not a Democrat’s strong suit.


13 posted on 09/22/2020 2:11:14 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirs)
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To: Boogieman
“Wolf argued in the underlying case that his actions mirrored those of other governors and said it has saved lives.”

His actions "saved" no lives...just forestalled some COVID deaths while hastening many deaths from despair, from overdose, and from suicide.

14 posted on 09/22/2020 2:56:16 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: All

Does this lift Wolf’s “mandatory masks in public businesses” order as well?


15 posted on 09/22/2020 3:12:03 PM PDT by Jim Hill
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To: lightman

Stickman for SCOTUS!


16 posted on 09/22/2020 5:35:11 PM PDT by nonliberal (Sent from a payphone in a whorehouse in Mexico)
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To: lightman
However, he added, “we’re working in the meantime to present schools and others with guidance to say ok, in our best estimation from the health point of view, you got to be careful if you get together.

Mr. Wolf and Mr. Levine, I do not want your guidance. I don't follow the advice of people who willing cut off their penis. I don't follow the advice of people who appoint trannies to high office. I don't follow the advice of Marxists. Please do yourselves a favor and reenact the Bud Dwyer press conference, you pathetic pieces of schiff.

17 posted on 09/22/2020 6:03:15 PM PDT by ConservativeInPA ("War is peace. Freedom is slavery. Ignorance is strength." - George Orwell, 1984)
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To: Jim Hill

I wish it did; but it does not.

It applies strictly to the 25/250 indoor/outdoor capacity regulations.


18 posted on 09/22/2020 6:30:56 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: Boogieman

“ “Wolf argued in the underlying case that his actions mirrored those of other governors and said it has saved lives.”

Neither of those arguments is actually relevant to the question of whether the measures are constitutional. Wolf’s lawyers probably would have served him better if they had made a relevant argument, but I guess they couldn’t come up with one.”

BINGO.


19 posted on 09/22/2020 7:04:53 PM PDT by jdsteel (Americans are Dreamers too!!!)
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