{"id":"DUT-PA-020","kind":"duty","level":"court","jurisdiction":"Pennsylvania","state":"PA","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.)","authority":"King\u0027s Bench jurisdiction, 42 Pa.C.S. sec. 502; 35 Pa.C.S. secs. 7301, 7501; the police power","instrument":"Judicial opinion (majority opinion on an emergency application for extraordinary relief)","title":"Friends of Danny DeVito, Kathy Gregory, B\u0026J Laundry, LLC, Blueberry Hill Public Golf Course \u0026 Lounge, and Caledonia Land Co. v. Governor Tom Wolf and Secretary of Health Dr. Rachel Levine, No. 68 MM 2020","dateIssued":"2020-04-13","effective":"2020-04-13 (relief denied; the Mar. 19, 2020 closure order remained in force)","end":"n/a","startDate":"2020-04-13","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["CLOSE","STAY","OTHER"],"addressees":["every business in the Commonwealth subject to the closure and stay-at-home orders; the Governor and the Secretary of Health"],"clause":"the policy choice in this emergency was for the Governor and the Secretary to make and so long as the means chosen to meet the emergency are reasonably necessary..., it is supported by the police power. The choice made by the Respondents was tailored to the nature of the emergency and utilized a recognized tool, business closures, to enforce social distancing","enforcement":"n/a (judicial confirmation that the orders bound their addressees as law, enforceable through Exs. DUT-PA-001, DUT-PA-007, DUT-PA-010)","functions":[],"notes":"Held that the COVID-19 pandemic is a \u0027disaster\u0027 under the Emergency Management Services Code, that the Governor\u0027s Mar. 19, 2020 order closing all non-life-sustaining businesses was authorized by 35 Pa.C.S. sec. 7301 and supported by the police power, and rejected the separation-of-powers, takings, due process, equal protection and free-speech challenges; the Court stated that under the Code \u0027the Governor has the authority to issue executive orders and proclamations which shall have the full force of law. 35 Pa.C.S. sec. 7301(b).\u0027 Character as recorded: adjudication (order_penalty layer).","sourceUrl":"http://www.pacourts.us/assets/opinions/Supreme/out/68MM2020mo%20-%2010439399799476700.pdf","snapshot":"http://web.archive.org/web/20200601id_/http://www.pacourts.us/assets/opinions/Supreme/out/68MM2020mo%20-%2010439399799476700.pdf","fileExists":true,"fileBytes":390150,"grade":"primary","character":"adjudication","description":"","collection":"DUT-PA","url":"/library/DUT-PA-020","exhibitUrl":"/exhibit/DUT-PA-020","citation":"Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.), Judicial opinion (majority opinion on an emergency application for extraordinary relief) (Apr. 13, 2020) (Ex. DUT-PA-020)","stateName":"Pennsylvania","related":["PA-090","PA-104","DUT-PA-001","DUT-PA-007","DUT-PA-010","DUT-PA-003"]}