US Supreme Court Justice Samuel Alito ordered the Pennsylvania government to respond to arguments that Governor Tom Wolf’s stay-at-home order is unconstitutional.

On Tuesday, the Supreme Court gave Pennsylvania until May 4 to respond to a petition that accuses the commonwealth of violating the constitutional rights of its citizens.

The petition was brought by Friends of Danny DeVito, and several other businesses that fall into the “non-essential” category under Wolf’s order; they argue that the “financial distress” resulting from the stay-at-home order has violated their property rights of business across the state.

The Pennsylvania Supreme Court has already denied petitioners’ request in a 4-3 decision, stating that the governor’s powers during a state of emergency overrode the concerns of the temporary shutdown.

The Supreme Court order to respond comes from Alito, who handles emergency requests from the Third Circuit, such as this one.

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