Wolf’s authority to keep emergency declaration is challenged, but likely to hold up in court, legal experts say – By Steve Marroni (Penn Live) / June 10 2020
If there is some confusion about whether the state legislature can force Gov. Tom Wolf to end the coronavirus-prompted emergency declaration, or if Wolf has the power to override Tuesday’s action by the General Assembly, there’s a good reason.
It’s never happened before.
“Whether or not the General Assembly has the authority and power to terminate the declaration is a matter of first impression — it hasn’t been raised before in the history of the Commonwealth,” said attorney Marc Scaringi, who has been leading a legal fight against the governor’s stay-at-home and business-closure orders over the last few months.
While other legal experts say it’s clear the Pennsylvania Constitution backs Wolf’s ability to overturn the General Assembly’s concurrent resolution – much like a veto – the final say will likely come from the courts.
The Republican-controlled General Assembly on Tuesday passed a concurrent resolution that directs Wolf to issue a proclamation or executive order to end the COVID-19 disaster emergency that the governor declared on March 6 and renewed on June 3.
While Republican lawmakers are adamant that the governor has no power to veto their resolution, that is exactly what Wolf has vowed to do if it is presented to him. It’s not clear, however, that lawmakers will even put the bill on his desk.
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