Category: Constitutional Law and Civil Liberties

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3 amendments

  By Constitutional Law and Civil Liberties, PA Constitutional Law, We The People–PA

Republican members of the Pennsylvania General Assembly are determined to move three highly controversial and deeply problematic constitutional amendments through the General Assembly this month and put them before the people in the May primary election. We strongly oppose this effort for three reasons. First, We The People–PA agrees with House Speaker Rozzi and Governor Wolf that the only amendment that deserves immediate consideration is the one to give victims of sexual abuse an opportunity to seek justice in the courts. Many who were abused as children were blocked from pursuing legal action after the age of 30 by a statute of limitations provision in state law. Recognizing how emotionally difficult it is for people abused as children to pursue justice—especially at a time when public recognition and support for them was lacking—the Pennsylvania House and Senate, with substantial bipartisan support, voted twice to put a constitutional amendment on the… Continue reading

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The GOP Design

  By Congressional redistricting, Constitutional Law and Civil Liberties, Democracy, Elections, Fascism, Judicial Gerrymandering, Judicial Gerrymandering, Jurisprudence, Legislative Districts, PA Budget and Policy Center, PBPC Blog posts, Pennsylvania

“When people show you who they are, believe them.” It’s time to believe what Pennsylvania Republicans have shown us they are. Begin with what they have shown us they don’t care about: Public health: They have opposed efforts to encourage—not mandate–people to wear masks and be vaccinated. They have not funded programs to make COVID tests available to all of us. Relief from the burdens of the pandemic: Despite having huge sums of our tax money in the bank, they have provided insufficient housing assistance that was distributed unfairly. They have provided too little relief to small businesses and blocked a proposal to help the restaurant industry. Unlike other states, Pennsylvania has not used ARP money to provide paid family and medical leave or support for those with low incomes. Wages: Pennsylvania’s minimum wage, which has been stuck at $7.25 for 14 years, keeps falling farther and farther behind neighboring… Continue reading

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Cancel Culture or Course Correction?

  By Constitutional Law and Civil Liberties, Philosophy, Uncategorized

For pretty much all of American history Black people have had to be very careful about what they said in front of white people, out of fear that they might be hurt for what they said. The wrong remark at the wrong time could lead to them being ridiculed or denigrated or excluded from something important to them at work or in their community. Or it could lead to them losing their job. Or their life. For pretty much all of American history women have had to be very careful about what they said in front of men, out of fear that they might be hurt for what they said. The wrong remark at the wrong time could lead to them being ridiculed or denigrated or excluded from something important to them at work or in their community. Or it could lead to them losing their job. Or to being… Continue reading

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Deflection by Constitutional Amendment: On HB 55

  By Constitutional Law and Civil Liberties, Legislative Politics and Rules, PA Budget and Policy Center, PA Constitutional Law, Separation of Power, Statements

Republicans this week will seek to advance a constitutional amendment that would enable the General Assembly to act by a concurrent resolution to override a governor’s emergency order after 21 days. In doing so they are doubling down on their false narrative about COVID-19 and the economic crisis it created. That crisis remains severe. New cases and hospitalizations have fallen to about half of their peak in mid-December—but they are far greater than the first wave of March and April. Meanwhile, COVID-19 deaths per day have just reached their peak. The economy of the state remains in bad shape especially for small businesses and those with low incomes. Small business revenues are down by more than 25% from January 2020 and, shockingly, by more than 40% in high-income neighborhoods, where many people with low incomes work. As a result, employment remains at 6.7% below the January 2020 level and for… Continue reading

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Don’t undermine judicial independence in haste

  By Judicial Gerrymandering, Published Op-Eds

Originally published in the Pittsburgh Trib Live on July 14, 2020 The most important decision any political leader can make is about the constitutional structure of our government. Those decisions are best made calmly, deliberately and with a focus on the long-term good of our political community. Poor ones are most likely to be made in a rush, in anger and in response to short-term difficulties. Unfortunately, a Republican proposal to change how we elect justices of the Pennsylvania Supreme Court and judges of the commonwealth and Superior courts is going before the Senate this week in anger and resentment at recent Supreme Court rulings. Republicans are upset that the Supreme Court rebuffed its attempt to deny Gov. Tom Wolf an opportunity to veto their concurrent resolution ending the covid-19 state of emergency, even though the Pennsylvania Constitution plainly requires it. A critical feature of the Constitution of the United States —… Continue reading

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Pa. Senate GOP’s judicial gerrymandering plan is a threat to our democracy

  By Judicial Gerrymandering, PA Budget and Policy Center, PBPC Blog posts

Originally appeared in the Pennsylvania Capital-Star on July 14, 2020 Democracy is threatened from many sides. The dangers include voter ID laws; closures of polling places; gerrymandered legislative districts; and problematic voting rules, especially with regard to vote by mail—not to mention attempts by both the executive branch in Washington and the legislative branch in Harrisburg to overstep their bounds. Time and again, the independence of our court has protected our political rights and our civil rights and liberties. Now, however, legislators in Harrisburg are taking a more indirect approach to weaken the independence of our courts. Senate Republicans appear determined to advance an amendment to the Pennsylvania Constitution next week that would change how we elect judges to our state’s highest courts—the Supreme Court, Commonwealth Court, and Superior Court. Instead of electing all judges statewide as we do now, they propose that we elect judges in regional election districts created by the… Continue reading

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Statement on PA Supreme Court Decision in Wolf v. Scarnati

  By Constitutional Law and Civil Liberties, COVID-19, PA Constitutional Law, Pennsylvania

Originally published by KRC-PBPC here. All Pennsylvanians should be gratified by PA Supreme Court’s ruling today that the General Assembly’s attempt to unilaterally end Governor Wolf’s emergency orders is unconstitutional. The Court made its decision, as it should have, on the basis of the plain words of the Constitution which states that a concurrent resolution by the two houses of the General Assembly must be presented to the Governor for his approval or veto. But, as we pointed out in our amicus curiae brief to the Court, and as recent evidence in many other states shows, the consequences of ending the governor’s orders prematurely would have been devastating to the health and economic well-being of us all. Continue reading

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Legal Brief by PA Budget and Policy Center and Keystone Research Center Supports Gov. Wolf in Stay-at-Home Order Court Case

  By Constitutional Law and Civil Liberties, COVID-19, PA Budget and Policy Center, PA Constitutional Law, Pennsylvania

Originally published by KRC-PBPC The Pennsylvania Budget and Policy Center and Keystone Research Center submitted an amicus curia brief in Wolf v. Scarnatti, the Supreme Court case deciding if the PA General Assembly can end Governor Wolf’s emergency orders by itself, without submitting it’s concurrent resolution doing so to the governor for his approval or veto. The PBPC-KRC brief presents important context regarding the benefits of the governor’s executive actions to date and the critical importance of maintaining them to battle the pandemic. Continue reading

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Judicial Gerrymandering is Back

  By Constitutional Law and Civil Liberties, Courts, Judicial Gerrymandering, PA Constitutional Law

Originally published by KRC-PBPC here. Republicans who control the Pennsylvania House of Representatives couldn’t find time to raise the minimum wage this week. But they did find time to take revenge on Pennsylvania judges for protecting our rights to vote and to have Congressional districts that are not gerrymandered in their favor. They did this by passing a proposed amendment to the Pennsylvania Constitution that will change how we elect judges and justices to our appellate courts, including our Supreme Court. Instead of electing them statewide, if this amendment becomes part of our Constitution, we will elect them from districts that, of course, would be drawn by members of the General Assembly. As we explained in detail in this blog post, this proposed amendment will, in two ways, give the General Assembly far more influence over the courts than is appropriate in a government that respects the separation of powers. By… Continue reading

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Republican Judicial Districting — An Existential Threat to Pennsylvania Democracy

  By Judicial Gerrymandering, PA Budget and Policy Center, PBPC Blog posts, Redistricting

From Third and State, June 18, 2018 After the uprising of the 17th JuneThe Secretary of the Writers UnionHad leaflets distributed in the StalinalleeStating that the peopleHad forfeited the confidence of the governmentAnd could win it back onlyBy redoubled efforts. Would it not be easierIn that case for the governmentTo dissolve the peopleAnd elect another? – Bertolt Brecht As a resident of Communist East Germany, Bertolt Brecht understood better than most writers in the 20th century how fragile representative democracy can be and what a serious threat to our form of government looks like. And as his poem above points out, the key requirement of representative democracy is that the government be responsible to the people. For that to happen, elections have to be regular and they have to be fair. There can’t be any barriers to participation in elections and those elections need to be conducted under rules that give… Continue reading