January
Staff Writer, Doctor Sues Pennsylvania Town Over Costs of Sidewalk Repairs, Pennsylvania Record (Jan. 11, 2024), a staff writer for the Pennsylvania record writes that a property owner has filed a lawsuit against Mount Lebanon township. The lawsuit claims that the township has been taxing property owners unequally and disproportionately in violation of both the United States and Pennsylvania constitutions.
Kim Lyons, Mapping the Path Forward: Legislating the Next Stage in Reproductive Rights in Pennsylvania, Pennsylvania Capital-Star (Jan. 21, 2024), Kim Lyons writes that Pennsylvania House Representatives have introduced House Bill 1888, which would create a fundamental right to personal reproductive liberty in the state Constitution. Lyons writes that the earliest HB 1888 could be on the ballot is 2025 because a constitutional amendment needs to pass both chambers of the legislature in two consecutive sessions before it can be voted on by Pennsylvania residents.
Nicholas Malfitano, Judge Overrules Objections in Defamation Suit Between Energy Group President and Pa. Senator, The Pennsylvania Record (Jan. 23, 2024), Nicholas Malfitano writes that David Hommrich, the president of an energy company, brought a defamation suit against Pennsylvania state Senator Lisa Boscola for using the term “Hommrich Loophole” in a memorandum to all Senate members regarding her intention to introduce legislation to address perceived gaps in the Alternative Energy Portfolio Standards Act. Senator Boscola filed preliminary objections in the case, arguing that her conduct is protected by Article II, Section 15 of the state Constitution, which states: “The members of the General Assembly . . . for any speech or debate in either House . . . shall not be questioned in any other place.” Allegheny County Court of Common Pleas Judge John McVay Jr. overruled the preliminary objections on the grounds that he was not “free and clear from doubt” that the memo is privileged under the Speech and Debate Clause.
March
Megan Guza, Attorney of Man Accused of Killing McKeesport Cop Asks Judge to Bar Death Penalty Jury, Pittsburgh Post-Gazette (March 1, 2024), Megan Guza writes that attorneys for the defendant have moved to bar a jury from considering the death penalty due to the governor’s pledge not to sign any execution warrants. The attorneys argue that a jury’s knowledge that the governor will override any death sentences will prevent them from making a competent and legitimate decision under the Eighth Amendment and the state Constitution. Guza writes that the case is similar to another in which Judge Anthony Mariani did not allow the jury to be death penalty qualified because he found that it would be unreasonable and fundamentally unfair to require citizens to undergo the intensive and intrusive process of death qualification when the outcome has already been determined. Prosecutors have appealed Judge Mariani’s ruling on the basis that he abused his discretion and violated the separation of powers set forth in the state Constitution.
Jerry Dickinson, What Pennsylvania’s Constitutional Laboratory and its Trailblazing Experiments Portend for 2024, Pennsylvania Capital-Star (Mar. 11, 2024), Jerry Dickinson writes that the Framers of the federal Constitution borrowed many concepts from the Pennsylvania Constitution of 1776; however, the Free and Equal Elections Clause is unique to the state constitution. Pennsylvania Supreme Court relied on the clause during the 2020 election to prevent the disenfranchisement of Pennsylvania voters. Dickinson writes that the clause is likely to prevent anti-democratic forces in the 2024 election.
April
Nicholas Malfitano, UPenn Says its Faculty’s Lawsuit over Congressional Anti-Semitism Investigation is Meritless, The Pennsylvania Record (Apr. 9, 2024), Nicholas Malfitano Naomi Creason writes that a group of professors at University of Pennsylvania have filed a suit in the Eastern District of Pennsylvania against the University of Pennsylvania. The suit alleges that the university has violated the professors’ First Amendment right to criticize the nation-state of Israel. Malfitano writes that University of Pennsylvania’s counsel authored a letter to the court arguing that the professors’ First Amendment claim should be dismissed because the university is not a state actor under both the federal and state constitutions.
Hayden Mitman, Court Battle Begins Over Constitutionality of Act 40, NBC 10 Philadelphia (Apr. 11, 2024), Hayden Mitman writes that Philadelphia District Attorney Larry Krasner is challenging the constitutionality of Act 40, which is legislation that would allow a special prosecutor from the Attorney General’s office to control the prosecution of crimes that occur within 500-yards of SEPTA property in Philadelphia. The DA’s argument is that the law is anti-democratic because it strips authority and jurisdiction from locally elected district attorneys in the city. The Attorney General’s office argued that the general assembly can regulate the authority of the DA’s office. Mitman writes that the Commonwealth Court has yet to rule on the parties’ arguments.
May
Naomi Creason, Cumberland Cnty. DA Seeks Removal of New Cumberland Borough Councilman Over Two Crimes from ‘90s, The Sentinel, Carlisle, Pa. (May 7, 2024), Naomi Creason writes that the Cumberland County District Attorney’s (“DA”) Office filed a quo warranto action against Councilman Thaddeus Eisenhower in April. The DA argues that Eisenhower’s two guilty pleas from the 1990s – one in 1995 for receiving stolen property and another in 1999 for possession with intent to deliver a controlled substance – should exclude him from holding office. In response, New Cumberland Borough made a statement that Eisenhower satisfied the borough’s eligibility requirements and argued that the issue requires judicial determination because interpretation of the Pennsylvania Constitution is outside the borough’s jurisdiction.
June
McNees Wallace & Nurick LLC, Longstanding Fraternal Organizations May Now Qualify for Tax Exempt Status in Pennsylvania, JD Supra (Blog) (June 4, 2024), McNees Wallace & Nurick LLC writes that the Pennsylvania Supreme Court set forth a five-pronged test to determine whether an entity qualifies as a “public charity” and is therefore entitled to exemption from certain taxes under the Pennsylvania Constitution. However, the General Assembly enacted a provision to the Fiscal Code which opens the door for certain long-standing fraternal societies to qualify for sales and real estate tax exemptions although they would not qualify as public charities. [The Pennsylvania Supreme Court has not yet addressed the constitutionality of the statute.]
Eric Scicchitano, Pa. House Approves Education Reform Bill, Sends Proposal to State Senate, Meadville Tribune (June 11, 2024, Eric Scicchitano writes that a proposal to reform Pennsylvania’s system to fund public education for the next seven years passed the state House and will be voted on by the state Senate. Scicchitano writes that the bill is a direct response to the Commonwealth Court’s ruling that the state’s funding system is unconstitutional.
October
Peter Hall, Felony Murder Appeal Before Pa. Supreme Court on Tuesday Offers a Slim Hope for “Lifers,” Pennsylvania Capital-Star (Oct. 7, 2024), Hall writes that the Pennsylvania Supreme Court is set to review a case challenging the constitutionality of mandatory life sentences without parole for second-degree (felony) murder, which applies even if the defendant did not intend or directly cause a death. The case could impact over 1,100 people serving similar sentences in Pennsylvania. Supporters argue that such sentences are excessively harsh, in violation of the Pennsylvania Constitution’s prohibition on cruel punishment, which unlike the Eighth Amendment, does not include the term “unusual.” Hall writes that this distinction allows broader challenges to common punishments if they are deemed cruel in nature.