A federal appeals court has dismissed a district judge’s ruling that Governor Tom Wolf’s COVID restrictions were unconstitutional saying that the suit is not relevant after mitigation efforts expired.
This is the same lawsuit originally filed by Butler and other surrounding counties along with local businesses. It argued that Wolf’s shutdown orders were overreaching, which a federal judge agreed with when he made his ruling about a year ago.
That judge however said those counties could not sue the Governor and the lawsuit proceeded with just the businesses and politicians.
Now the 3rd Circuit of Appeals says that with the shutdown orders lifted and emergency powers significantly scaled back, it made the case “legally moot.”
Attorney Tom King told our newsroom that he and his clients disagree with this ruling and they intend to make the necessary filings within the next 60 days to continue the case before the U.S. Supreme Court.