A federal judge appointed by President Trump ruled Monday that the coronavirus restrictions put into place by Governor Tom Wolf, the Pennsylvania Democrat, were unconstitutional, arbitrary, and overreaching.
A lawyer for the plaintiffs in the suit, which included four Pennsylvania counties, said the ruling means statewide restrictions can no longer be enforced.
U.S. District Judge William Stickman IV wrote in his opinion that the stay-at-home orders and the shutdown of “non-life-sustaining” businesses may have been put into place with the public health in mind but said, “Even in an emergency, the authority of government is not unfettered,” 6 ABC News reported.
Stickman said the restrictions violated the First Amendment and equal protection clauses under the 14th Amendment.
“The Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.”
Lyndsay Kensinger, a spokeswoman from Wolf’s office, said the state will appeal the decision and called the ruling disappointing.
“The actions taken by the administration were mirrored by governors across the country and saved, and continue to save lives in the absence of federal action,” she said in a statement, according to The Hill. “This decision is especially worrying as Pennsylvania and the rest of the country are likely to face a challenging time with the possible resurgence of COVID-19 and the flu in the fall and winter.”
The Hill reported the state has lifted most of its coronavirus restrictions, with a few exceptions like indoor dining and outdoor gatherings. The Post, citing a recent Monmouth University poll, reported that 62 percent in the state said they approve Wolf’s handling of the pandemic.
TREND FORECAST: Again, as we have noted, President Trump will blame Governor Wolf as he will with other Democrat governors who put their states under lockdown as the reason for destroying the nation’s economy.
Indeed, playing what may well prove to be a swing state trump card, President Trump was at a roundtable on Monday night where he said he hopes other judges follow Judge Stickman’s lead.
“We hope that’s going to happen in North Carolina. We hope it’s going to happen in Michigan, too, because it’s just totally shut down,” Trump said at the “Latinos for Trump” meeting, according to the Washington Post.