The State Supreme Court yesterday nullified House Resolution 836, which would have ended Governor Tom Wolf’s executive power to impose emergency disaster status and shutdown Pennsylvania’s economy.
Republican leaders in the General Assembly criticized the decision. Senate Majority Leader Jeff Corman says the ruling makes Wolf the king of Pennsylvania, not the governor. Senate President Pro Tem Joe Scarnati says the court “has elected not to uphold the foundation of our democracy.”
The resolution passed with bipartisan support on June 9th, setting up the court battle with the legislature claiming prior court rulings would apply and immediately end Wolf’s declaration and the governor contending that the Constitution backs him.
The court ruled 4-3 that the resolution does not end Wolf’s powers because it was never physically presented to him for a signature. After Wolf ignored the resolution, Scarnati and Corman sued in Commonwealth Court, but Wolf countered by invoking “King’s Bench” jurisdiction to take the case to the Supreme Court.
In his majority opinion, Justice David Wecht wrote that the General Assembly originally granted the governor the power to declare disasters, and “current members…may regret that decision, but they cannot use an unconstitutional means to give that regret legal effect.” He also pointed out that the Court does not make an opinion one way or the other on whether or not the legislature should be a part of the process.
Senator Joe Pittman will be on Indiana in the Morning on WCCS at 9:45 this morning.
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