HARRISBURG (AP) — Pennsylvania’s high court on Wednesday ruled against an effort by Republican state lawmakers to end Democratic Gov. Tom Wolf’s pandemic shutdown orders.
A divided court ruled that a resolution passed with mostly GOP votes was a “legal nullity” because it was not sent to Wolf to sign or veto.
“We express no opinion as to whether the governor’s response to the COVID-19 pandemic constitutes wise or sound policy,” wrote Justice David Wecht, joined by three others. “Similarly, we do not opine as to whether the General Assembly, in seeking to limit or terminate the governor’s exercise of emergency authority, presents a superior approach for advancing the welfare of our commonwealth’s residents.”
Republican majorities in both chambers, along with a few Democrats, voted early last month to end the emergency disaster declaration that has led to closure of “non-life-sustaining” businesses, bans on large gatherings and orders that people stay at home.
“A legislative veto in the context of a statute delegating emergency powers might be a good idea. It might be a bad idea. But it is not a constitutional idea under our current charter,” Wecht wrote.
Wolf has gradually been reopening the state, although a recent uptick in infections in some parts of the state has produced some additional restrictions.
Senate President Pro Tempore Joe Scarnati, R-Jefferson, and Majority Leader Jake Corman, R-Centre, sued to enforce their resolution, and the high court took up the matter and ruled without hearing oral argument.
In a statement, Scarnati said the court “elected not to uphold the foundation of our democracy,” and Corman said the decision granted Wolf “governor king status.”
“We understand the need for a temporary suspension of civil liberties under dire circumstances — something we agreed needed to happen initially as we worked to flatten the curve,” Scarnati said. “However, while we work to protect lives, we cannot continue to disregard the civil liberties of Pennsylvanians.”
The state constitution grants governors the right to approve or veto nearly all types of concurrent resolutions, but the emergency services law included a provision that gave the Legislature power to end disaster proclamations “at any time.”
The majority acknowledged that the Emergency Management Services Code gives the General Assembly the ability to end a disaster emergency, but “the statute also provides that the state of disaster emergency ends only after the governor so finds.”
Chief Justice Thomas Saylor said he would have ruled to give lawmakers the ability to put a top to a disaster emergency on their own.
“I am of the view that the breadth of the essential delegation of emergency powers to the executive in light of future and unforeseen circumstances justifies an equally extraordinary veto power in the Legislature,” Saylor wrote, joined by Justice Sallie Mundy. They are the court’s only Republican members.
Wecht said allowing the General Assembly to overturn the governor’s proclamation without presenting it to him to sign or veto “would be to rewrite our constitution and remove the governor from the lawmaking process. Such a view is inimical to our system of checks and balances, a system in which presentment plays a critical role.”
Wolf’s office issued a statement saying the administration was pleased with the decision to keep the disaster proclamation in place.
The House Republican leadership, including state Rep. Martin Causer, R-Turtlepoint, policy committee chair, released a statement saying this ruling made one thing clear — “The governor and the Supreme Court do not want to hear from you.
“Pennsylvanians have made it clear; they will not sit idly by while one person makes every decision regarding COVID-19. Throughout this event, Gov. Tom Wolf has refused to engage with the General Assembly, the elected voices of our Commonwealth’s residents, regardless of the implications of his decisions.
“Whether it’s an arbitrary shutdown order that benefits certain businesses while leaving more than 2 million Pennsylvanians relying on a broken unemployment compensation system, neglecting our most vulnerable nursing home residents, or vetoing bills to restart the economy, only to issue executive orders that accomplish the same goals minutes later, the governor must be held accountable by the Legislature, as is required by our Constitution.”
The statement mentioned the “unilateral, unenforceable mask order” from state Secretary of Health Dr. Rachel Levine that was issued just before the court’s ruling as sending that same message to state residents — their voices are being ignored.
“The House Republican leadership team and our members will continue to work in the House to find a path to helping all Pennsylvanians rebuild and recover from the governor’s decisions.”
Era Assistant Managing Editor Marcie Schellhammer contributed to this report.
