Federal Court Holds “Stay-at-Home” Orders and Mandatory Business Closures Unconstitutional

by Stacey Rudin
The American Institute for Economic Research

For six months, Americans in 43 states have lived under unprecedented executive orders restricting freedoms as basic as whether they can work, leave their homes, and expose their faces in public. These mandates are not duly enacted laws — they are orders issued by one of the three branches of government. They constitute a system of one-person rule — something none of us expected could ever happen in the United States — and no one, apart from the 43 newfound state dictators, is sure when it will expire.

Today, after six months of this, a Pennsylvania Federal Court in Butler County v. Wolfreviewed the indefinite “emergency” restrictions imposed by the executive branch of Pennsylvania government, declaring limitations on gathering size, “stay-at-home orders,” and mandatory business closures unconstitutional. Refusing to accept the alleged need for a “new normal,” the Court stated that an “independent judiciary [is needed] to serve as a check on the exercise of emergency government power.”

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