SCOTUS declines to take up challenge against Pennsylvania order curtailing non-essential business operations


On May 6, the Supreme Court of the United States declined to intervene in a lawsuit over a Pennsylvania order curtailing the operations of non-essential businesses, allowing the state supreme court’s ruling, which upheld the order, to stand.

On March 24, the plaintiffs (a number of Pennsylvania businesses) petitioned the Supreme Court of Pennsylvania to vacate Governor Tom Wolf’s (D) March 19 order restricting the operations of non-essential businesses in the state. The plaintiffs alleged that the order violated their constitutional rights to free speech, assembly, and judicial review. The plaintiffs also argued that the order violated their rights by depriving them of their property without due process or just compensation.

On April 13, the state supreme court rejected the plaintiffs’ claims, allowing the order to stand. On April 27, the plaintiffs appealed the decision to the Supreme Court of the United States, seeking a stay of enforcement of the order pending disposition of the case.

On May 6, the high court denied the plaintiffs’ application without comment.