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Federal judge refuses to stay his ruling on Pennsylvania COVID-19 restrictions

Federal judge refuses to stay his ruling on Pennsylvania COVID-19 restrictions

25.9.2020 | Jessica Lusamba | U. Pittsburgh School of Law, US SEPTEMBER 24, 2020 02:53:06 PM | 80



A federal judge on Tuesday declined to stay his own ruling that Pennsylvania Governor Tom Wolf’s size limits on gatherings during the COVID-19 pandemic are unconstitutional.

Judge William Stickman ruled last week that Wolf’s restrictions on gatherings, his order to close “non-life-sustaining” businesses and his order directing Pennsylvania residents to stay at home were unconstitutional.

Wolf requested a stay of the ruling a few days later. The request focused primarily on the judge’s ruling that the restrictions on gatherings violated Pennsylvanians’ right to assemble.

Stickman denied Wolf’s request on Tuesday, holding that Wolf’s administration failed to show that irreparable harm will occur if they were not allowed to impose size limits on gatherings.

To support his determination that Wolf’s administration failed to show that irreparable harm will occur if the stay is not granted, Stickman pointed out that Wolf’s administration allowed large-scale events like the Carlisle Car Show and various protests across the state to take place.

“Not only does the record not support the suggestion of immediate and irreparable harm if Defendants may not impose numeric limitations on certain gatherings, but their actions actually show the opposite,” wrote Stickman.

Wolf announced at a news conference on Tuesday that his administration will appeal the decision

Source : https://www.jurist.org/news/2020/09/federal-judge-refuses-to-stay-his-ruling-on-pennsylvania-covid-19-restrictions/

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