Gathering limits in Pa to remain in place while Wolf, Levine appeal federal ruling
The chief judge of the federal Third Circuit Court of Appeals has granted a stay of the judgment against Pennsylvania Gov. Tom Wolf and Dr. Rachel Levine, secretary of health, in a case brought by four Southwestern Pennsylvania counties, Republican politicians and the owners of several businesses.
Measures limiting crowd size would apparently go back in effect.
Wolf and Levine filed the appeal, and in granting the stay Thursday afternoon, Chief Judge D. Brooks Smith ordered that his stay remain in place until the appeal is decided.
Smith is also allowing Republican leaders of the Pennsylvania House of Representatives and Eagle Forum Education and Legal Defense Fund to file friend-of-the-court briefs opposing the motion for a stay.
Stickman dismissed Washington, Greene, Fayette and Butler counties from the suit, but their names are still listed on the court docket.
The parties could not immediately be reached for comment.
Stickman found Wolf, a Democrat, and Levine violated the constitutional rights of businesses by issuing shutdown orders during the initial outbreak of the novel coronavirus pandemic and by granting waivers to some companies but not others.
The judge sitting in Pittsburgh also found that political candidates’ rights were violated because they were hindered from campaigning and holding fundraisers.
Those who brought suit in U.S. District Court opposed the governor’s and health secretary’s motion for the stay.