As the deadline approaches this morning for Governor Wolf to file a brief in the case defending his non-essential business closure with the Pennsylvania Supreme Court, he has found an ally in the City of Philadelphia.
The legal department of the City of Philadelphia has petitioned the Pennsylvania Supreme Court with an Amicus or “friend of the court brief” in support of the “Order” issued by the Governor.
The challenge to the “Order” was filed by Scaringi Law on behalf of certain negatively impacted Petitioners.
From the Amicus Brief:
“As more fully-explained below, more densely-populated urban areas like the City are at great risk of having the disease spread aggressively within their communities. Indeed, over the past few weeks, confirmed cases of Covid-19 have risen exponentially in Philadelphia. On March 10, 2020, Philadelphia confirmed its first case of Covid-19. As of April 2, 2020, there were 2,100 confirmed cases in Philadelphia, a 23-day increase of 209,900%.”
From the Amicus Brief goes onto say:
“Unsurprisingly given its population and density, Philadelphia has more confirmed cases than any other county in Pennsylvania. The confirmed cases “likely account for only a fraction of the number of infected people in the city due to the speed at which the disease is spreading, the time it takes infected people to show symptoms, and the widespread shortages of testing kits.”
The entire brief is available Application for Leave to File Amicus Brief.
The public Health Law Center provides background on “The Basic Function of Amicus Briefs”
Amicus curiae (amicus)
- or “friend-of-the-court” briefs are filed by someone with a strong interest in the subject matter of a lawsuit, but who is not a party to nor directly involved with the litigation.
- Amicus briefs serve multiple purposes, including to: address policy issues; provide a more sympathetic advocate; supplement or bolster a party’s brief; provide historical perspective
or technical assistance; endorse a party; or seek to mitigate or expand the effects of a potentially
important prior court opinion, depending on whether the opinion is damaging or helpful. - They may be filed by a person or an organization, or by a group of people or organizations.
Amicus briefs “are generally aimed at protecting the interests of individuals or organizations who
are absent from the proceedings but whose interests are potentially jeopardized by the litigation.” - Thus, an amicus’ interest in the case is both more removed and frequently broader—an amicus may have an interest in another case that could be affected by the court’s decision (but not so related that the amicus could actually intervene in the case).
- Or, the amicus may have “unique information or perspective that could help the court” going beyond what the parties can, or wish to, provide.
- Amicus briefs are filed most frequently in U.S. Supreme Court cases, and are often filed in federal or state appellate cases.
- Amicus briefs sometimes are filed at the trial court level – for example, in high-profile cases or cases involving novel legal issues.
News Talk 104.1 & 1600 WEJS and talkwilliamsport.com will continue to cover unfolding developments in this story.
