Federal Judge Rules Pennsylvania Lockdown Was Unconstitutional

If you think your Constitutional Rights have been trampled on during the pandemic, you’re not alone. Consumers, business owners, and city and county officials have been dealing with the state governments that have curbed their rights to free assembly and due process, among other things. Now a group in Pennsylvania has finally had their day in court, and it went well.

A group of counties, federal and state elected representatives, and several small businesses sued Governor Tom Wolf and the Pennsylvania Department of Health Secretary Rachel Levine, claiming their broad, statewide lockdown restrictions on large gatherings and the closing of non-life-sustaining businesses were unconstitutional.

The actions denied the plaintiffs of the right to freely assemble with people of their choice, and of the due process required to stop them from operating their businesses or using their private property.

U.S. District Judge William Stickman IV agreed. He wrote that lockdown orders are “such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional,” as he ruled the moves to be unconstitutional.

Stickman wrote:

While those restrictions were “well-intentioned, 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.”

Stickman pointed out that the rules were not narrowly written and were much broader than necessary to achieve the goals of the state. As proof of this, Stickman pointed out the governor allowed people to visit malls, restaurants, and stores in greater numbers than other types of businesses or gatherings, and that large protests, which the governor attended, were also allowed.

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Comments (3)


  1. Ralph
    Reply

    I just want to say that I am so proud to see the people taken the low life scum to court now open up that state slow and steady. And I hope that you will wake up a bunch more states to get people together and start taken their states back like Americans are should do. Make the leaders accountable and if they are not remove them and follow through and put them in jail for a long time

  2. Joe in Texas
    Reply

    ALL of the restrictions, mask orders, closing of businesses, and the like are UNCONSTITUTIONAL!! We must not give up our freedoms because some government official yells, “The sky is falling”, and then begins handing out decrees like he was some sort of Cesear. Our freedoms are the same in sickness and in health. Whatever “law” allow this sort of behavior need to be repealed or seriously modified so that Govenors(in particular) cannot rule by decree for more than 14 days. After that, their legislatures must approve each new 14 day extension. This will stop the tyranny cold.

    • Willam M. Jacobs
      Reply

      You are absolutely right, in fact, you are totally right wing. May you go outside to stores, and crowds every day, until you get the CV-19 virus into your body, and then spread it to the rest of the people you know, care about, and love. May the force be with you!

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