STORY FROM: COVID-19 Litigation Report
Pa. High Court Refuses to Invalidate Governor’s COVID-19 Shut-Down Order
April 17, 2020
HARRISBURG, Pa. — Pennsylvania’s highest court has rejected efforts to invalidate Governor Tom Wolf’s executive order shuttering “all non-life-sustaining” business in response to the COVID-19 pandemic, ruling that the governor had the authority to issue such an order under the Emergency Management Services Code.
In an April 13 ruling, the 4-3 majority, led by Justice Christine Donohue, found the COVID-19 pandemic qualifies as an “emergency” under the code and that the order does not constitute a regulatory taking because it is only temporary.
In their emergency application filed March 24, the plaintiffs, Friends of [state representative candidate] Danny DeVito, Kathy ...