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on May 4, 2020 Amended Application to Stay the Enforcement of Gov. The petition, “Friends of Danny DeVito, Kathy Gregory, B&J Laundry LLC, Blueberry Hill Public Golf Course &Lounge and Caledonia Land Company v.

Wolf. Petitioners were four Pennsylvania businesses and one individual who sought extraordinary relief from Governor Wolf’s March 19, 2020 order compelling the closure of the physical operations of all non-life-sustaining business to reduce the spread of the novel coronavirus disease (“COVID-19”). "[W]hile the Equal Protection Clause assures that all similarly situated persons are treated alike, it does not obligate the government to treat all persons identically. Pennsylvania Supreme Court Weighs In: COVID-19 Shutdown Is Not an Unconstitutional TakingThe court, in an opinion written by Justice Christine Donohue, invoked its rarely used King’s Bench jurisdiction to provide clarity concerning the Governor’s order, observing that the case “presents issues of immediate and immense public importance impacting virtually all Pennsylvanians and thousands of Pennsylvania businesses.” The plaintiffs had argued that “because the Executive Order prohibits them from using their property ‘at all,’ it resulted in a taking of private property for public use without the payment of just compensation,” in violation of the Fifth Amendment of the U.S. Constitution and Article I, Section 10 of the Pennsylvania Constitution.While the decision is not binding on federal courts or courts of other states facing similar challenges, it previews the legal landscape for further litigation throughout the nation. [2] On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. The Executive Order thus does not advantage or disadvantage any candidate or campaign committee.”This is stark nonsense. Mr. DeVito further contends that he is similarly situated to both his political opponent and social advocacy organizations in that they all advocate for social and political causes, but elected officials and social advocacy groups are identified in the Executive Order as life-sustaining and thus are not barred from their physical place of operations.Campaign offices and legislative offices are not similarly situated. The claim for relief was therefore denied. The Executive Order thus does not advantage or disadvantage any candidate or campaign committee.Furthermore, DeVito Committee is not similarly situated to social advocacy groups. But folks should find ways to do that without implying a threat of mob violence.Dilan, critical mass will occur in Michigan in 20 Minutes.The twit Governor can back down, or people WILL get hurt, and violence begets violence. Gregory S. Hirtzel and Benjamin P. Novak | The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have. Tom Wolf’s Zack Needles is Global Managing Editor, Regional Brands at ALM. When legislators, like Mr. DeVito's political opponent, use their district offices, they do so as government officials, not as candidates. No. In contrast, they argue that elected officials, including the state representative against whom Mr. DeVito is running, are permitted to continue to use their offices, staff, equipment and supplies at their discretion. Sponsored by: Exterro

Amended Application to Stay the Enforcement of Gov. The incumbent can get visibility any time they want, in the normal operation of their job, the challenger is dead in the water. Washington D.C., District of Columbia, United States On April 13, the Pennsylvania Supreme Court provided critical insight on the legal characterization and consequences of the COVID-19 pandemic in Friends of Danny Devito v. And that is true even though observers said social distancing was practiced, and officials said (inexplicably) that the demonstrators were not violating shut-down policy.

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