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Businesses suing Gov. Wolf take case to US Supreme Court

A group of entities — including two businesses in Warren County — have taken their fight against Gov. Tom Wolf’s business closure order all the way to the U.S. Supreme Court.

The group’s initial challenge was rejected in the state Supreme Court earlier this month.

In addition to a political candidate, a realtor, and a laundromat, the challengers include Blueberry Hill Golf Club, Russell, and Caledonia Land Company of Clarendon.

Their attorney, Marc Scaringi, filed an application to stay enforcement of Wolf’s order with the U.S. Supreme Court Monday night.

That application would seek to halt enforcement of the order “pending the filing and disposition” of a more extensive petition, known as a write of certiorari.

“The Executive Order has and is continuing to cause irreparable harm to the Petitioners and all those businesses and entities in the same non-life sustaining classification,” they argue before the Supreme Court. “The Executive Order and similar orders by governors across the country is doing substantial, unprecedented damage to the economy.” They argue that the decision of the state Supreme Court “permits the continued closure” not only of their businesses but “tens of thousands of other businesses across Pennsylvania and as such constitutes severe, immediate and ongoing deprivation of their rights under the U.S. Constitution.”

The filing assets that many businesses “may not be able to recover from the severe financial distress caused by the other” and states “that would constitute the complete destruction of the property rights of vast numbers of businesses.”

They also highlight that other states have implemented business closure orders “thus, this case not only has great significance to the people of Pennsylvania, it has great significance to business owners throughout the U.S.”

An exhibit from Blueberry estimates lost revenues from the order at approximately $66,000 and highlights other challenges that have arisen as a result of the order, including tournament cancellations and a decrease in the sale of annual memberships. In the state Supreme Court, the entities asked for a stay pending this action to the Supreme Court, which the Pa. Supreme Court denied in a one-page order dated April 24.

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