On Tuesday morning, attorneys representing six Petitioners filed a brief in the Middle District of the Pennsylvania Supreme Court, in a case challenging the Executive Order issued by Governor Tom Wolf and Secretary of Health, Dr. Rachel Levine on March 19, 2020 closing “the physical operations of all Pennsylvania businesses that are not life-sustaining.”
The “Executive Order” was extended yesterday by Governor Wolf “until further notice.”
The “Brief” was filed by Harrisburg area attorneys, Marc A. Scaringi, Esq. and Brian C. Caffrey, Esq. on behalf of Petitioners Kathy Gregory, B&J Laundry, LLC, Blueberry Hill Public Golf Course & Lounge, and Caledonia Land Company.
According to attorney Scaringi, “Scaringi Law filed suit in the Pennsylvania Supreme Court on March 24, 2020 requesting that the Court exercise its King’s Bench or extraordinary jurisdiction to vacate and strike down Governor Tom Wolf’s business closure Executive Order. Scaringi Law represents a diverse group of business owners from a cross section of Pennsylvania, including a real estate agent, golf course and a political candidate among others.”
Has anything changed since the original Executive Order was issued or the date your case the was filed?
Scaringi: “Since filing our original claim in the Pennsylvania Commonwealth Court on March 20, 2020, the Governor transferred two other Scaringi Law clients, a timber company and a laundromat, from the non-life-sustaining to the life-sustaining list.”
Why did Scaringi Law bring the litigation against Governor Wolf in the first place?
Scaringi: “In our lawsuit, we claim the Governor lacks the legal grounds in Pennsylvania’s statutes for his statewide business closure Order, his Order violates the separation of powers doctrine and has caused a deprivation and unjust taking of the private property rights of Pennsylvania business owners without due process of law and just compensation.”
What legal steps have been taken since the filing of the case on March 24, 2020?
Scaringi: “After filing the case, we requested that the case be briefed. The Governor opposed our request. The Court ruled in our favor. We submitted our Brief today at 11:20 AM.”
What happens next in the case?
Scaringi: “The Governor has until this Friday at 12 Noon to file his Brief.”
With time being of the essence do you anticipate a ruling in the near future?
Scaringi: “We anticipate the Court will make a decision shortly thereafter, perhaps as early as Monday.”
The “Brief” filed in the case today by Scaringi Law can be found here Petitioners’ Brief (2).
The potential fate of businesses that remain on the non-life sustaining list and their respective livelihoods may rest on the decision of the Pennsylvania Supreme Court in this case.
