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(HARRISBURG) – Senate President Pro Tempore Joe Scarnati (R-25) and Senate Majority Leader Jake Corman (R-34) today strongly criticized the Pennsylanvia Supreme Court’s nullifying House Resolution 836, which was passed by the General Assembly with bi-partisan support. The Court issued their ruling today.
House Resolution 836, which was adopted by the Senate and House of Representatives on June 9, ended the executive order Wolf used to shut down employers. The executive order was originally issued on March 6, 2020, and amended and renewed on June 3. When Governor Wolf refused to terminate the declaration in accordance with House Resolution 836, the matter was taken up by the Court.
“Today’s ruling by the Supreme Court fails to uphold the Constitutional balance of power between the three, co-equal branches of government,” Senator Scarnati said. “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. However, while we work to protect lives, we cannot continue to disregard the civil liberties of Pennsylvanians. Our government was established to be of the people, by the people and for the people. With this ruling the Court has elected not to uphold the foundation of our democracy.”
“This decision represents a titanic shift in power which we believe is wrong and not in the best interest of justice,” Senator Corman said. “The Court has essentially granted the Governor King status. As we approach the July 4th holiday when our Country celebrates the freedoms that our forefathers established and fought to uphold, the Court has returned an unchecked monarchy to Pennsylvania. The unilateral decisions made by the executive branch caused hardships for families and communities in every corner of the Commonwealth. Despite the challenges that can be seen across the state, the Governor repeatedly spurned attempts by the General Assembly to provide input through legislation.”
Scarnati and Corman said that the Court’s decision makes it all the more significant that the Legislature has already started the process to amend the Constitution in order to provide some balance to this unchecked power exerted and abused by Governor Wolf.
MEDIA CONTACTS:
Kate Flessner (Senator Scarnati) kflessner@pasen.gov
Jenn Kocher (Senator Corman) jkocher@pasen.gov
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republished below in full unedited for informational, educational & research purposes:
The state’s highest court agreed that House Resolution 836 does not end the governor’s emergency order – first issued on March 6 and renewed on June 3 – because it was never physically presented to him for a signature.
Senate GOP leaders sued the administration in Commonwealth Court after Wolf ignored the resolution, first approved June 9. Instead, he invoked King’s Bench jurisdiction to ensure a speedy ruling from the Supreme Court that he hoped would reaffirm what he already believed, that only a governor can end a disaster declaration, not the General Assembly.
In the 4-3 decision, Justice David Wecht agreed that the Constitution backed up Wolf’s position, shooting down Senate GOP leaders’ argument that the Emergency Services Management Code gave them the power to overturn the declaration with merely an approved concurrent resolution.
“The Senators may be frustrated that, the General Assembly previously having delegated power to the Governor, the rescission of that power requires presentment, perhaps necessitating a two-thirds majority to override a veto,” Wecht said. “But the potential for such frustration inheres whenever the legislative branch delegates power to the executive branch in any context. The General Assembly itself decided to delegate power to the Governor under Section 7301(c). Current members of the General Assembly may regret that decision, but they cannot use an unconstitutional means to give that regret legal effect.”
The decision settles, for now, an ongoing battle between Wolf and the Republican majorities in the House and Senate that have long been displeased over the administration’s restrictions on economic activity and travel during the pandemic. Wolf said the emergency declaration gives him temporary authority to implement sweeping business closures, loosen licensing requirements for health care workers and direct state and federal emergency aid, among other actions, to better respond to the virus.
Wecht said the ruling doesn’t provide a value judgment on whether the administration’s handling of the pandemic “constitutes wise or sound policy.”
“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,” he said.
Senate Majority Leader Jake Corman, R-Centre, and President Pro Temp Joe Scarnati, R-Jefferson, said the decision ignored the constitutional balance of power between the three coequal branches of government.
“This decision represents a titanic shift in power which we believe is wrong and not in the best interest of justice,” Corman said. “The Court has essentially granted the Governor King status.”
Commonwealth Partners Chamber of Entrepreneurs President and CEO Matthew Brouillette said the court’s order defies its own logic and ignores “the voices of the people expressed through their elected representatives.”
“The court’s ruling today sends Pennsylvanians the outrageous message that their rights and freedoms exist at the pleasure of the executive – and this is a message that should deeply concern every person living in our commonwealth,” he said. “If ever we needed proof that elections matter, this is it. When Pennsylvanians next go to the polls, they should remember who used this crisis to grab power and strip them of their rights and their voice in government – and they should vote accordingly.”
Commonwealth Foundation President and CEO Charles Mitchell said the order means the only way lawmakers can overrule the governor’s declaration is through a veto override vote – which requires a two-thirds majority in both chambers. The threshold is higher than what is required to impeach a sitting governor, Mitchell said.
“In essence, the Supreme Court has given the governor the ability to not only declare a state of emergency, but to perpetuate his own emergency powers indefinitely, with the only recourse being a higher standard than impeachment,” he said. “No matter the current context, this ruling strips the General Assembly of its rightful authority over the creation and elimination of laws as the direct representatives of the people. And that cuts to the fundamental reasoning for our form of government.”
Senate leaders said the ruling reaffirms their decision to advance a constitutional amendment that would require legislative approval for any disaster declaration extending beyond 30 days. It awaits consideration in the House.
In a joint statement from the House Republican leadership team, lawmakers said the ruling sends a clear message to all residents.
“The governor and the Supreme Court do not want to hear from you,” the statement concluded. “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.”
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