Justice Samuel Alito this week ordered the Pennsylvania government to respond to arguments from a variety of Pennsylvanians asking the Supreme Court to halt enforcement of Gov. Tom Wolf’s strict stay-at-home order, aimed at fighting the coronavirus, because they say it is unconstitutional.
The Pennsylvanians behind the suit – called petitioners in Supreme Court parlance – are arguing that their rights under the First, Fifth and 14th Amendments have been violated through Wolf’s order. The petition lays out a variety of grounds on which it says the order is unconstitutional.
“[T]he Order violated the Petitioners rights not to be deprived of their property without due process of law guaranteed by the [Fifth and 14th Amendments], the right not to have their property taken without just compensation guaranteed by the [Fifth Amendment], their right to judicial review guaranteed by the [5th and Fourteenth Amendments], their right to equal protection of the law guaranteed by the [14th Amendment], and their right to free speech and assembly guaranteed by the [First Amendment],” it says.