The Pennsylvania Supreme Court sided with Gov. Tom Wolf on Wednesday, issuing an order nullifying legislative Republicans’ attempt to overturn his COVID-19 disaster declaration.
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 to 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 representative.”
“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.”
