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PA Supreme Court rules in favor of Governor to keep disaster declaration

Democratic majority high court rules against GOP controlled legislature to allow Governor Tom Wolf to keep emergency orders in place.
PA SUPREME COURT

YORK, Pa. — The Pennsylvania Supreme Court has issued an opinion in favor of Governor Tom Wolf regarding a lawsuit legislative Republicans filed, hoping to end his disaster emergency declaration. 

The Court ruled that the General Assembly can not end Wolf's disaster declaration with a simple majority.

Pennsylvania's Republican majority House of Representatives passed HR 836 in May, which would have terminated the Governor's declaration, lifting all shutdown orders. The GOP controlled State Senate passed it two weeks later. Governor Wolf maintained that the declaration was necessary for various assistance programs and that many more Pennsylvanians would suffer without it.

READ: Pennsylvania Supreme Court's Majority Opinion (Justices David N. Wecht, Max Baer, Debra Todd and Christine Donohue)

READ: Dissenting Opinion by Chief Justice Thomas G. Saylor, joined by Justice Sally Updyke Mundy

READ: Concurring and Dissenting Opinion by Justice Kevin M. Dougherty

Republicans argued that the Governor had to issue an order terminating the declaration immediately, but Democrats fired back saying the state constitution gives him the discretion to disapprove, veto or sign it.  They filed a lawsuit June 10th in Commonwealth court, stating that the bill cannot be vetoed by the Governor.  

Governor Wolf challenged their lawsuit, petitioning the State Supreme Court to exercise its "King's Bench" authority, which gives the court the right to decide extraordinary, pressing issues of constitutional importance.   

The Supreme Court agreed to decide whether the resolution lifting the state of emergency had to be approved by the governor.

RELATED: UPDATE: House Resolution 836 adopted by House and Senate 

RELATED:  Gov. Wolf: Legislature cannot unilaterally end COVID-19 disaster declaration

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