COUNTY OF BUTLER; County of Fayette; County of Greene; County of Washington; Nancy Gifford; Mike Gifford, husband and wife doing business as Double Image Styling Salon; Prima Capelli Inc, a Pennsylvania Corporation; Mike Kelly; Marci Mustello; Daryl Metcalfe; Tim Bonner; Steven Schoeffel; Paul F. Crawford, trading and doing business as Marigold Farm; Cathy Hoskins, trading and doing business as Classy Cuts Hair Salon; RW McDonald & Sons Inc; Starlight Drive in LLC, a Pennsylvania Corporation; Skyview Drive in LLC, a Pennsylvania Limited Liability Company
v.
GOVERNOR OF PENNSYLVANIA; Secretary Pennsylvania Department of Health, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued July 22, 2021.
Filed: August 11, 2021.
Attorney(s) appearing for the Case
J. Bart DeLone [ARGUED], Sean A. Kirkpatrick , Office of Attorney General of Pennsylvania, Strawberry Square, Harrisburg, PA 17120, Daniel B. Mullen , Office of Attorney General of Pennsylvania, 1251 Waterfront Place, Mezzanine Level, Pittsburgh, PA 15222, Claudia M. Tesoro , Office of Attorney General of Pennsylvania, 1600 Arch Street, Suite 300, Philadelphia, PA 19103, Counsel for Appellants.
Daniel M. Vannella , Office of Attorney General of New Jersey, Division of Law, 25 Market Street, Hughes Justice Complex, 1st Floor, West Wing, Trenton, NJ 08625, Counsel for Amicus State of New Jersey.
Lawrence J. Joseph , 1250 Connecticut Avenue, N.W., Suite 700-1A, Washington, DC 20036, Counsel for Amicus Eagle Forum Education & Legal Defense Fund.
Christian D. Wright , Office of Attorney General of Delaware, Delaware Department of Justice, 820 North French Street, Carvel Office Building, Wilmington, DE 19801, Counsel for Amicus State of Delaware.
Anthony R. Holtzman , K&L Gates, 17 North Second Street, 18th Floor, Harrisburg, PA 17101, Counsel for Amici Majority Leader of the House of Representatives, Pennsylvania Administrator of the House Majority Caucus, Pennsylvania Chair of the House Appropriations Committee, Pennsylvania Chair of the House Majority Caucus, Pennsylvania Chair of the House Policy Committee, Pennsylvania House of Representatives Majority Whip, Pennsylvania Secretary of the House Majority Caucus, Speaker of the Pennsylvania House of Representatives.
Matthew H. Haverstick , Joshua J. Voss , Kleinbard, Three Logan Square, 1717 Arch Street, 5th Floor, Philadelphia, PA 19103, Counsel for Amici Pennsylvania Senate Republican Caucus, Pennsylvania House Republican Caucus.
David R. Kott [ARGUED], McCarter & English, 100 Mulberry Street, Four Gateway Center, 14th Floor, Newark, NJ 07102, Counsel for Amicus New Jersey Business & Industry Association.
Jeffrey M. Schwab , Liberty Justice Center, 141 West Jackson Street, Suite 1605, Chicago, IL 60604, Counsel for Amicus Liberty Justice Center.
Shawn M. Rodgers , Goldstein Law Partners, 11 Church Road, Hatfield, PA 19440, Counsel for Amicus Commonwealth Partners Chamber of Entrepreneurs.
Before: CHAGARES, JORDAN, and SHWARTZ, Circuit Judges.
OPINION OF THE COURT
SHWARTZ, Circuit Judge.
On various dates between March and July 2020, the Governor and Secretary of Health of the Commonwealth of Pennsylvania ("Defendants") entered orders to address the COVID-19 pandemic. Plaintiffs, comprised of Pennsylvania citizens, elected officials, and businesses, challenge three pairs of directives...
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