Federal Court Denies PA Governor Wolf's Motion for Stay; Restrictions Are Unconstitutional

Since the Governor has unilaterally ruled that gatherings are banned indefinitely, legal challenges in court have followed all over the Commonwealth. While the Pennsylvania state courts have upheld the Governor’s authority, the legal challenges in federal court have focused on constitutional questions.

One restriction in particular that has drawn legal scrutiny is the restriction on gatherings of more than 250. The first Amendment of the Constitution guarantees the right of the people to peaceably assemble. This was an issue in the case of County of Butler, et al. v. Thomas W. Wolf et al. (USDC W.D. Pa., Docket 2:20-cv-00677), in which Judge William S. Stickman ruled recently that the Governor’s open ended restriction on gatherings was unconstitutional.

The Governor’s legal team filed a motion for a stay of Judge Stickman’s order. That motion was denied this afternoon. What this means is that the Governor’s restrictions are, as of this minute, unconstitutional and should not be enforced in my personal opinion. This decision will be appealed by the Governor to the US Court of Appeals for the Third Circuit.

That doesn’t mean that the covid risk has gone away, but what it means is that people and businesses have to exercise their own restraint, versus being dictated to by Harrisburg.

More analysis on this to follow.

PA Governor Executive Order to Temporarily Suspend Evictions and Foreclosures

Today, the Pennsylvania Governor issued an executive order which purports to suspend all evictions and mortgage foreclosure actions until July 7, 2020. This is following an order from the PA Supreme Court which previously extended such a moratorium to June 1, 2020. Query why the Supreme Court did not take this action.

Needless to say, this is an absolutely monumental exertion of executive authority, completely unlike anything I have seen in my career or lifetime. With the stroke of a pen, the Governor for the moment has intervened in the administration of every residential lease and mortgage transaction in the Commonwealth.

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First Amendment Update: Federal Judge Rules Lehigh County's Official Seal Is Unconstitutional

The Establishment Clause of the First Amendment is very simple at first reading.  It provides that "Congress shall make no law respecting an establishment of religion...."  Those ten words have spawned volumes and volumes of legal analysis, countless lawsuits and provided a key issue in the culture wars that keep America in constant turmoil.  

An interesting ruling came down affecting the Lehigh County government: today a federal judge ruled that the County's official seal, which includes a prominent yellow cross, violates the US Constitution, specifically the Establishment Clause.  The fallout from this ruling is unclear, and there will be more developments shortly.  

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#TakeTheKnee, Part II: Why the NFL Teams Must Allow the Protests to Continue

The NFL is subject to a Collective Bargaining Agreement, the most recent version of which went into effect in 2011.  The term of the current CBA is ten years and it will expire in 2021 (the "NFL CBA"). 

In the overwhelming response to my prior writings on the #TakeTheKnee controversy (the first article from 2016 here, and yesterday's post here) one astute commenter asked whether the NFL Collective Bargaining Agreement has any impact on the NFL's official stance on player protests in uniform.

In short, a close reading of the NFL CBA shows exactly why the NFL has no choice but to let the players protest, at least within the confines of the 2017-2018 season.  

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