Liberty Blog

With all the legal appeal briefs filed as of a few weeks ago, a Federal Circuit Court of Appeals is now poised to rule on Pennsylvania Governor Wolf's appeal of a District Court decision striking down some of Pennsylvania's earlier lockdown orders. The decision by the Appeals Court will have implications for the scope of individual rights set out in the United States Constitution in the face of a declared emergency like the COVID pandemic--such as the right of assembly, freedom of movement, and equal treatment under the laws.  

The original decision in September 2020 sent shockwaves through the state by holding that certain early lockdown orders by Governor Wolf violated those rights as guaranteed by the U.S Constitution, including the First and Fourteenth Amendments. The specific orders declared unconstitutional included the closure of non-essential businesses, the stay-at-home order, and limitations on indoor or outdoor gatherings.

Even though the Governor has "suspended" those particular orders, the Court held that the issue was still relevant, as the Court found that those orders could be reimposed at will.  Similarly, if the Court of Appeals agrees with the lower court that those measures are unconstitutional, absent an appeal to the U.S. Supreme Court, the Appeals Court decision would set a precedent for evaluating similar orders imposed in the future in Pennsylvania. The lower court decision in PDF format can be found here.