Pennsylvania’s emergency declaration is still the law of the land, and Gov. Tom Wolf said Wednesday that the phased reopening strategy remains in place despite the legislature passing a bicameral resolution ending it.
“The resolution passed last evening is essentially meaningless,” said Gregory Schwab, general counsel, during the press conference by Wolf on Wednesday.
“Nothing has changed,” Wolf said.
“We’re requiring masks for employees and customers. We’re helping businesses to implement protocols,” the governor said.
Saying the legislature’s resolution would create “chaos and confusion,” Wolf made it clear that this matter will be quickly taken to court.
“There is only one way to end this, and that is the governor ends it,” Schwab said. And Wolf made it clear that he has no plans to do so.
Wolf outlined several measures in place under the emergency order that would end immediately if the declaration were to end, including the ability of many doctors to use telemedicine, the unemployment waiver of a waiting week and job requirements, the moratorium on utility shut offs and a temporary halt to evictions, as well as additional food support and distribution.
“This resolution (by the legislature) would not reopen anything, and anyone who says different is wrong,” Wolf said. Even if the declaration were to be lifted, the Secretary of Health Dr. Rachel Levine’s orders would remain in effect, which means businesses not permitted to open under the phased system would still be closed.
When asked if he would veto the resolution, the governor said the way the legislature passed it, it would not head to the governor’s desk for consideration, a move he said is against the state Constitution.
“They were never going to present this to the governor, taking away his ability to approve or disapprove,” Schwab said.
When asked who the people of Pennsylvania are supposed to listen to, Wolf had a clear answer — “Me.”
“The Constitution is pretty clear on this. Just to be more clear, we’re taking it to the courts.”
Wolf added, “I am very confused as to how the legislature would think they can suspend the Constitution unilaterally.”
However, that is not how the region’s legislators see things. In fact, the state Senate has filed a lawsuit with the Commonwealth Court.
Senate President Pro Tempore Joe Scarnati, R-Brockway, and Senate Majority Leader Jake Corman, R-Bellefonte, are urging the court to command Wolf to terminate the emergency declaration.
State Rep. Martin Causer, R-Turtlepoint, explained a state law from 1978 says the General Assembly can terminate a state of disaster emergency at any time. And when they do, the governor “shall issue an executive order or proclamation ending the state of disaster emergency.”
Causer said, “The governor is not following the law. He’s saying he’s going to ignore what the General Assembly did and he’s going to sue the General Assembly. He’s been operating on his own for weeks. He’s been operating essentially as a dictator.
“Really, enough is enough. He needs to be communicating with the people’s elected representatives,” Causer said.
The Senate’s lawsuit said Wolf’s failure to make such a resolution is “unlawful, unreasonable and without just cause.”
A joint statement from Scarnati and Corman said Wolf 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.”
Causer added, “In these challenging times, it is important for the governor and lawmakers to work together. We have tried repeatedly throughout the pandemic to engage the governor but have been turned away every time.
“He’s not King Wolf,” Causer said.
The senate Republican leaders had similar concerns.
“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.”
Corman said the governor cannot continue to ignore the legislature.
“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.”
