Amicus Briefs
Wolf v. Scarnati
CASE SUMMARY
NCLA’s brief argued that the Governor’s argument was flawed. “The concurrence of both houses” was not “necessary” for a termination of disaster emergency under § 7301(c) of the Emergency Management Services Code, which authorizes the Governor to declare or proclaim a disaster emergency and also undeniably allows the state of disaster emergency to be terminated by the general assembly—by concurrent resolution.
The Governor simultaneously insisted that he could exercise the same powers to end the state of disaster emergency without any need to comply with bicameralism and presentment himself.
Such asymmetry of power allowed the Governor to establish and perpetuate a state of disaster emergency that gave him an unconstitutional and dangerous power to suspend the laws by mere say-so—and without any legislative involvement whatsoever. Under the Supreme Court of Pennsylvania’s holding in this case, the Governor could allow his own emergency powers to continue as long as he saw fit, or until two-thirds of both legislative chambers were willing to override his veto.
OUR TEAM
RELEVANT MATERIALS
NCLA FILINGS
Brief of Amicus Curiae New Civil Liberties Alliance in Support of Respondents
July 1, 2020 | Read More
PRESS RELEASES
NCLA Bemoans Pennsylvania Supreme Court’s Approval of Governor Wolf’s Rule by Executive Decree
July 1, 2020 | Read More
IN THE MEDIA
When The Wolf At The Door Is Your Governor
July 2, 2020