Federal appeals court must now decide whether to stay court order regarding state’s covid-19 shutdown – By Paula Reed Ward (Trib Live) / Sept 30 2020
It is now up to the Third U.S. Circuit Court of Appeals to decide if a lower court decision ruling Gov. Tom Wolf’s covid-19 shutdown orders unconstitutional ought to be stayed.
The plaintiffs in the underlying case — seven business owners who challenged orders to stay-at-home, close non-essential businesses and limit gathering sizes — said in a brief filed Wednesday that there is no reason to stay the decision of U.S. District Judge William Stickman IV.
“There is no time in our history that the continued infringement upon and violation of the citizens’ constitutional rights can be said to further the public’s interest,” they wrote.
The Third Circuit now has briefs from both parties on the issue. Wolf, through the state attorney general’s office, filed a motion seeking the stay on Friday.
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