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`Filed 6/22/2020 9:54:00 AM Supreme Court Middle District
`104 MM 2020
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`IN THE SUPREME COURT OF PENNSYLVANIA
`MIDDLE DISTRICT
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`No. 104 MM 2020
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`THE HONORABLE TOM WOLF,
`GOVERNOR OF THE
`COMMONWEALTH OF
`PENNSYLVANIA,
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` Petitioner
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`v.
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`SENATOR JOSEPH B. SCARNATI,
`III, SENATOR JAKE CORMAN, AND
`SENATE REPUBLICAN CAUCUS
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` Respondents
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`GOVERNOR TOM WOLF’S RESPONSE IN OPPOSITION TO
`RESPONDENT’S APPLICATION FOR LEAVE TO PRESENT
`ORAL ARGUMENT
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`On June 19, 2020, Respondents (the Caucus) filed an application for leave to
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`present oral argument in this matter. Petitioner Governor Wolf respectfully requests
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`that the Court deny the application.
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`As this Court stated in In re Bruno, 101 A.3d 635, 671 (Pa. 2014), King’s
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`Bench jurisdiction exists in order to avoid “the deleterious effect upon the public
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`interest caused by delays incident to ordinary processes of law, or deficiencies in the
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`ordinary processes of law making those avenues inadequate for the exigencies of the
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`moment.” For this reason, unlike cases that reach the Court upon a petition for
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`allowance of appeal, oral argument in King’s Bench matters is not held as a matter
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`of course. Indeed, in Friends of Danny DeVito v. Wolf, 68 M.M. 2020, this Court
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`denied the petitioners’ request for oral argument and decided the case based upon
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`the parties’ written briefs. See also, Private Properties, LLC v. Tom Wolf, 90 M.M.
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`2020.
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`In their application, the Caucus suggests that the Court should hold oral
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`argument because this matter presents “urgent and critical statewide issues.” But
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`that is always the case with King’s Bench jurisdiction. The urgency of King’s Bench
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`matters is precisely why the Court generally foregoes oral argument. It is also
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`precisely why, with respect to the issues presented in this instance, the Court should
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`forego oral argument and decide this matter on the parties’ filings1 as quickly as
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`possible.2 As the Governor emphasized in his original application,
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`[t]his conflict between the Legislative and Executive
`branches is causing great confusion among the public as
`to whether the disaster continues and whether certain
`executive orders issued under the Emergency Code remain
`in place. This confusion is life-threatening, as individuals
`look to our government for guidance on how to protect
`themselves and their families from this deadly pandemic.
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`1
`The Caucus has also applied for leave to file a supplemental brief to its own
`responsive brief. As explained elsewhere, that application, well out of time and at
`the eleventh hour, is improper and should be denied.
`2
`The Caucus understood the importance of an expeditious decision in this
`matter when they filed for expedited summary relief in the Commonwealth Court.
`Their attempt to delay a decision in this matter now that it is before this Court is
`inconsistent with that acknowledgment.
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`2
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`Application for King’s Bench Jurisdiction, at 13. The danger has not lessened.3
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`The confusion remains, and with it the peril of delay.
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`Governor Wolf urges the Court not to have oral argument on this matter, as it
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`will cause undue delay. Unless this Court deems oral argument essential to
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`rendering a decision, the application should be denied.
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`By:
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`Office of Attorney General
`15th Floor, Strawberry Square
`Harrisburg, PA 17120
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`Phone: (717) 712-3818
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`DATE: June 22, 2020
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`Respectfully submitted,
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`JOSH SHAPIRO
`Attorney General
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`/s/ J. Bart DeLone
`J. BART DeLONE
`Chief Deputy Attorney General
`Chief, Appellate Litigation Section
`Pa. Bar # 42540
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` SEAN A. KIRKPATRICK
`Senior Deputy Attorney General
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`3
`“W.H.O. Warns of ‘Dangerous Phase’ of Pandemic as Outbreaks Widen,”
`The New York Times, https://www.nytimes.com/2020/06/19/us/coronavirus-new-
`dangerous-phase.html (last visited 06/21/20).
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`3
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`CERTIFICATE OF SERVICE
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`I, J. Bart DeLone, Chief Deputy Attorney General, do hereby certify that I
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`have this day served the foregoing response, via PACFile, on the following:
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`Matthew H. Haverstick, Esq.
`KLEINBARD LLC
`Three Logan Square
`1717 Arch Street, 5th Floor
`Philadelphia, PA 19103
`mhaverstick@kleinbard.com
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`/s/ J. Bart DeLone
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`J. BART DeLONE
`Chief Deputy Attorney General
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`DATE: June 22, 2020
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`4
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