Category: PA Constitutional Law

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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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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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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