Federal Court Rules Pennsylvania's Lockdown Order Unconstitutional

On Monday a federal judge in Pennsylvania ruled that Governor Tom Wolf's population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional." The judge further stated that Wolf’s order closing non-life sustaining businesses was also overly broad and arbitrary, and deprived Pennsylvanians of their right to earn a living under the 14th Amendment.

This particular issue has not been in faced in Oregon or the 9th Circuit. However, in May the Oregon Supreme Court halted a lower judge’s order to end statewide virus restrictions. Similarly, in May, the U.S. 9th Circuit Court of Appeals denied the request for a temporary restraining order against the California Governor’s in-church service ban filed by a church in California. While we expect these types of cases will continue to come forward, it is unclear how the various courts will rule on this issue.

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