Federal Court Rules Pennsylvania’s Lockdown Order Unconstitutional

Population-wide lockdown orders are “such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional” wrote U.S. District Judge William Stickman IV

by Christian Britschgi
Reason.com

A federal judge on Monday has ruled that lockdown restrictions imposed by Pennsylvania Gov. Tom Wolf (D), including a ban on large gatherings and the closure of “non-life sustaining businesses,” are unconstitutional.

While those restrictions were “well-intentioned,” wrote U.S. District Judge William Stickman IV, “good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge. Indeed, the greatest threats to our system of constitutional liberties may arise when the ends are laudable and the intent is good—especially in time of emergency.”

In May, Wolf and Pennsylvania Department of Health Secretary Rachel Levine were sued by a coalition of counties, federal and state elected representatives, and several small businesses over the state’s coronavirus restrictions.

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