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Federal Judge Strikes Down COVID Orders By Pennsylvania’s Governor & Health Secretary As Unconstitutional – Will The People Deal With Them As Criminals?

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Published on: September 15, 2020

We’ve reported that several judges, as well as the Department of Justice have declared that there are no constitutional exceptions for pandemics.  Yet, they have allowed the federal government to issue a state of emergency without chiding them a bit about it and engage in unconstitutional actions, including taking over privately owned businesses by the Army and purchasing billions of dollars worth of vaccines and providing ventilators.  Now, another federal judge has just ruled that Pennsylvania Governor Tom Wolf’s and Secretary of Health Rachel Levine’s coronavirus orders are unconstitutional, but will the people start dealing with these criminals for their violation of the Constitution, their rights and the public trust?

On Monday, the judge’s ruling addressed the orders that shut down the state, closed businesses and limited gatherings, and declared them to be unconstitutional.

Butler Eagle reported:

U.S. District Judge William Stickman IV agreed with the plaintiffs claim that Wolf’s business shutdown and stay-at-home orders violated certain constitutional rights.

The plaintiffs include Butler, Fayette, Greene and Washington counties, four Republican lawmakers and several small businesses in those counties.

Stickman’s order Monday states that Wolf’s use of the law to restrict movement and businesses over coronavirus concerns violated several rights.

Stickman found that Wolf’s restrictions on crowd sizes violated the right of assembly that is protected by the First Amendment. Stickman also found that Wolf’s stay-at-home-order and business closure mandate violated the due process clause in the Fourteenth Amendment.

And finally, he found that the business closure mandate violated the equal protection clause in the Fourteenth Amendment.

With that, Stickman entered a judgment in favor of the businesses and people who had sued Wolf.

He writes that he believes Wolf and state Secretary of Health Rachel Levine “undertook their actions in a well-intentioned effort to protect Pennsylvania from the virus. However, good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge.”

Stickman writes that the government engaged in a dangerous strategy where rights were taken away.

“In an emergency, even a vigilant public may let down its guard over its constitutional liberties only to find that liberties, once relinquished, are hard to recoup and the restrictions … may persist long after immediate danger has passed.”

The Hill reports:

A federal judge ruled on Monday that Pennsylvania Gov. Tom Wolf’s (D) coronavirus orders, which shut down the state, closed businesses and limited gatherings, were unconstitutional.

U.S. District Judge William Stickman IV, a Trump appointee, said in his opinion that COVID-19 orders from Wolf and Pennsylvania Secretary of Health Rachel Levine violated and continue to violate the First Amendment right to freedom of assembly and the due process and equal protection clauses of the 14th Amendment.

The efforts to stop the spread of the coronavirus “were undertaken with the good intention of addressing a public health emergency,” Stickman wrote.

“But even in an emergency, the authority of government is not unfettered,” he added.

“There is no question that this Country has faced, and will face, emergencies of every sort,” he wrote. “But the solution to a national crisis can never be permitted to supersede the commitment  to individual liberty that stands as the foundation of the American experiment.”

Four Pennsylvania counties — Butler, Fayette, Greene and Washington — along with Rep. Mike Kelly (R-Pa.), three state representatives, and seven businesses and their owners challenged the state government’s coronavirus orders. Their lawsuit was filed in May, when these counties were in the “red” phase that required residents to stay at home.

Lyndsay Kensinger, a spokesperson for the governor’s office, said the administration was “disappointed” by the ruling and will file an appeal.

“The actions taken by the administration were mirrored by governors across the country and saved, and continue to save lives in the absence of federal action,” she said in a statement. “This decision is especially worrying as Pennsylvania and the rest of the country are likely to face a challenging time with the possible resurgence of COVID-19 and the flu in the fall and winter.”

Yeah, well, all those other governors acted unconstitutionally too!

Keep in mind that Levine is a man disguised as a woman.  He is mentally ill and should never have been appointed to the position he is in.

Now, are the people of Pennsylvania going to kick these criminals out of office or just pat them on the back and say, “It’s OK, we’ll let you terrorize us another day”?

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