Power struggle over state's COVID-19 emergency disaster declaration heads to Pa. Supreme Court, and other news ...

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Pa. Supreme Court Agrees to Hear Case Over State's Emergency Disaster Declaration

The Pennsylvania Supreme Court agreed on Wednesday to take over a lawsuit filed by Republican state Senate leaders against Gov. Tom Wolf's orders relating to the COVID-19 pandemic. The Republican Senate leaders are seeking the enforcement of a resolution passed by the General Assembly that would end the emergency disaster declaration imposed by Gov. Wolf in March to mitigate the spread of the novel coronavirus.

The lawsuit was filed in Commonwealth Court last week, but the Supreme Court agreed to review the case after a request was made by Gov. Wolf for the highest court to settle the dispute. Republicans hold a majority of the seats on the Commonwealth Court, but Democrats have a 5-2 edge on the state's Supreme Court.

Last Tuesday, the Pennsylvania General Assembly sent a proposal to Gov. Wolf that would end the Commonwealth's emergency disaster declaration put in place during the COVID-19 pandemic. The governor disapproved of the resolution, effectively vetoing the measure, which initiated the current legal battle over the separation of powers between the executive and legislative branches of Pennsylvania's government. Republicans in the General Assembly have said for weeks that the governor is compelled to accept a resolution passed by the legislature ending any disaster declaration, based on specific language contained in statute. The governor, and his Democratic allies in the legislature, said the General Assembly cannot unilaterally end a disaster declaration because the state constitution requires a governor's signature for any legislation or resolution to be effective.

The governor maintains that the state's COVID-19 mitigation efforts have worked to slow the spread of the virus. During the state's daily COVID-19 briefing on Wednesday, he noted that according to the Centers for Disease Control and Prevention proprietary data for states, Pennsylvania is one of just three states that has had a downward trajectory of COVID-19 cases for more than 42 days. The other two states are Montana and Hawaii.

No timeline has been discussed as to when the Supreme Court will decide the case. The order issued by the Supreme Court on Wednesday said it will decide the case based on filings that have been made in both the Commonwealth and Supreme courts , and that the justices will “address the merits of the petitioner’s application in due course.”

Other News...

What the historic U.S. Supreme Court's ruling on LGBTQ workplace protections means for employers. McNees attorneys in the Labor and Employment Practice Group discuss in detail what the landmark U.S. Supreme Court ruling on workplace protections for LGBTCQ workers means for employers. McNees attorney Eric Athey explains that several federal courts sitting in Pennsylvania have in recent years reached the same conclusion that the Supreme Court ruled last week.

Two Pa. unions sue Trump administration over COVID-19 workplace safety standards. Representing hundreds of miners in the Pittsburgh region, the United Mine Workers of America and the United Steelworkers filed suit in federal court this week to demand federal workplace health officials within the Trump administration authorize stronger COVID-19 protections for mine workers across the country.

Closure of Pa. casinos 'plunges' state revenues even with growth of internet gambling. As some of the state's casinos begin to reopen amid capacity restrictions and other COVID-19 mitigation efforts, the state's Gaming Control Board said the pandemic has deeply hurt Pennsylvania’s casinos and the billions in revenue it generates every year. The three-month shutdown has caused an 85 percent drop in revenue from this time last year, even with internet gambling showing high growth in May.

Resolution introduced to impeach Pa. Gov. Wolf. A group of conservative Pennsylvania House Republicans introduced a resolution calling for the impeachment of Democratic Gov. Tom Wolf. The resolution currently has 24 cosponsors, and is expected to be referred to a House committee for deliberation.

Pa. governor announces funding to four colleges for COVID-19 response. On Wednesday, Gov. Tom Wolf announced that four Pennsylvania colleges received $174,603 in new funding through the Manufacturing PA Innovation Program COVID-19 Challenge to address the state’s response to the current pandemic.The four schools were Carnegie Melon University, Lehigh University, the University of Pittsburgh and Villanova University.

Daily COVID-19 update for Pennsylvania

The Pennsylvania Department of Health reported 335 new positive confirmed cases of COVID-19 statewide on Wednesday, bringing the state total to 79,817. In addition, 6,319 Pennsylvanians have died from complications from the virus. To date, there have been nearly 534,000 negative cases across the state.

Daily COVID-19 update for Ohio

The Ohio Department of Health reported 42,422 cumulative cases of COVID-19 and 2,611 deaths, including probable cases, by Wednesday afternoon. There have been 7,051 hospitalizations and 1,797 ICU admissions.

Unprecedented times, but McNees is here to help

The situation surrounding COVID-19 is changing by the hour. Capitol Buzz will do its best to keep our readers as up-to-date as possible as to local, state and federal actions relating to the virus.

As we have stated in previous editions, for those businesses seeking guidance or assistance on how to proceed during this unprecedented time, please contact the McNees Labor and Employment Practice Group , or for government relations and nonprofit consulting assistance please contact the McNees Strategic Solutions Group (MSSG) .

You can also visit the McNees COVID-19 Article & Resource Page for more information on various legal and political issues created by the novel coronavirus.

For more information on what you can do to protect yourself and others, check out the CDC's coronavirus information page or visit www.health.pa.gov .