High Court Brushes Up Against Constitutional Abortion Access

PA Supreme Court Justices

A recent state Supreme Court ruling side-stepped the question of constitutional abortion access in Pennsylvania, reviving discussion over a would-be ballot referendum mired in legislative gridlock.

Five justices said Monday the Commonwealth Court erred when it dismissed a 2019 case brought by seven abortion providers challenging Medicaid coverage restrictions first established in 1982 and upheld in 1985.

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Pennsylvania Representative’s Candidacy Subject of 14th Amendment Lawsuit

Scott Perry

A new lawsuit filed in Pennsylvania asks the state court to scrub Republican U.S. Rep. Scott Perry from the upcoming primary ballot.

Gene Stilp, a Harrisburg-based activist, filed the legal challenge in Commonwealth Court on Tuesday, claiming Perry – who represents the 10th Congressional District in south-central Pennsylvania – violated the Constitution’s 14th Amendment for his support of 2020 election fraud “conspiracy theories.”

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Commonwealth Court Strikes Down Carbon ‘Tax’

Commonwealth Court struck down Pennsylvania’s entry into an emissions regulatory program Wednesday, agreeing with critics that it’s an unconstitutional tax.

The decision delivers a blow to supporters of the Regional Greenhouse Gas Initiative – a multi-state program that charges power generators for the pollution they produce – who had hoped Pennsylvania might join the rest of the Mid-Atlantic and Northeast in the agreement.

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Pennsylvania Lawmaker Offers Legislation to Count Provisional Ballots in Cases of Defective Mail-In Votes

Pennsylvania state Senator Lisa Boscola (D-Bethlehem) is drafting a bill to ensure voters have their in-person votes counted in cases when their defective mail-in ballots were tossed. 

Boscola sponsored Act 77, the 2019 law that legalized no-excuse mail-in voting in Pennsylvania, and her emerging bill seeks to clarify a part of that statute. A provision in that law led the Delaware County Board of Elections to vote unanimously on May 23 to throw out six of its eligible voters’ ballots cast in the May 16 primary. Three of those voters are now suing the board in the Delaware County Court of Common Pleas to have their votes tallied and to guarantee those in similar situations have their ballots counted in the future. 

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Pennsylvania Educrats Sued over Guidelines Imposing Leftism on Teachers, Students

Three school districts north of Pittsburgh, Pennsylvania are litigating over new guidelines enjoined by the Pennsylvania Department of Education (PDE) directing teachers and students to adhere to progressive ideology. 

Representing Laurel School District, Mars Area School District and Penncrest School District as well as teachers and families in those jurisdictions, attorneys for the nonprofit Thomas More Society contend that the instructions violate both the state and federal constitutions.

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Pennsylvania Supreme Court Hears Tax-Versus-Fee Arguments About Whether RGGI Can Stand

Arguing before the Pennsylvania Supreme Court on Wednesday, one state agency alleged another improperly refused to publish an executive action implementing a de facto carbon tax, effectively halting the polcy. 

At issue is a decision made by the Pennsylvania Legislative Reference Bureau (LRB) not to publicize a regulation decreed by then-Governor Tom Wolf (D) entering the state into the Regional Greenhouse Gas Initiative (RGGI). The LRB, which drafts all state legislation upon lawmakers’ requests and provides other policy reference services, declined to promulgate the rule enrolling the commonwealth in the multistate compact, citing a state House of Representatives resolution opposing it.

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Carluccio, McCaffery Get Pennsylvania Supreme Court Nominations

On Tuesday, Pennsylvania voters nominated Republican Montgomery County President Judge Carolyn Carluccio and Democratic Superior Court Judge Daniel McCaffery to run against each other for state Supreme Court. 

By a margin of 53.5 percent to 46.5 percent, Carluccio bested Commonwealth Court Judge Patricia McCullough in a contentious nomination campaign for the seat left open by the death of Democratic Chief Justice Max Baer last autumn. McCaffery defeated his Superior Court colleague Debbie Kunselman in his primary 59.4 percent to 40.6 percent. 

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Pennsylvania Republicans Will Soon Nominate Carluccio or McCullough for Supreme Court

In Tuesday’s Pennsylvania primary, Republicans will nominate either Carolyn Carluccio or Patricia McCullough for a seat on the state Supreme Court. 

Despite their contentious campaign, the two women have much in common, including extensive legal careers and generally conservative judicial perspectives.

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New Pennsylvania State Senator Wants Accountability for Allentown’s Neighborhood Improvement Zone

Pennsylvania state Senator Jarrett Coleman (R-Allentown) last week sent a memo to colleagues asking them to support an upcoming resolution to audit Allentown’s Neighborhood Improvement Zone (NIZ). 

Under the program state lawmakers established in 2009, developers can use state and local tax money to offset the debts they incur on construction and rehabilitation projects in designated parts of Pennsylvania’s third-largest city. Areas within the NIZ include the Lehigh River’s westside waterfront north of Union Street and south of American Parkway as well as the PPL Center hockey arena and many of its surrounding blocks. Allentown is the only city with a neighborhood subject to this program, but the state has created similar zones in Bethlehem and Lancaster.

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Several Pennsylvania Judge Candidates Ignore Lawsuit Abuse Questionnaire

A pro-tort-reform nonprofit published the results of its 2023 candidate survey this week, and several state-court hopefuls — including all Democratic contenders — did not respond. 

Carolyn Carluccio, a Republican Montgomery County Common Pleas judge running for state Supreme Court, returned the questionnaire to the Pennsylvania Coalition for Civil Justice Reform (PCCJR). Her party compatriots Maria Battista and Harry Smail Jr., respectively a Clarion County-based former prosecutor and a current Westmoreland County judge who are running for Superior Court, also answered the inquiry. 

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Pennsylvania Leadership Conference Poll: Election Integrity Conservatives’ Foremost Concern

At the Pennsylvania Leadership Conference this weekend, a straw poll of right-leaning activists from across the Keystone State found election integrity tops their public concerns. 

Cybersecurity Association of Pennsylvania President Scott R. Davis, who administered the survey, told attendees at the Penn Harris Hotel west of Harrisburg that 38 percent of those who voted called election integrity the foremost issue facing the state General Assembly. Trailing that topic were the state budget (28 percent) and gun laws (six percent). Eleven percent chose another issue. 

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Pennsylvania Court Dismisses GOP Lawsuit Against Ballot ‘Curing’ Policies

Pennsylvania’s Commonwealth Court on Thursday dismissed a Republican Party lawsuit seeking to prevent counties from “curing” mail-in ballots that contain mistakes. 

The GOP national and state committees who sued insisted state law does not outline procedures for local election boards to inform absentee voters they made mistakes filling out their vote envelopes or to let those voters fix their errors. In recent elections, various counties did so anyway, prompting Republicans to object that the rules aren’t being followed in certain jurisdictions across the commonwealth.

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Pennsylvania House Republicans Say Krasner Can’t Use Courts to Avoid Impeachment

Republican members of the Pennsylvania House of Representatives responsible for conducting Philadelphia District Attorney Larry Krasner’s impeachment are arguing Krasner can’t resort to the courts to avoid the state Senate trial. 

Earlier this month, the far-left prosecutor asked the Pennsylvania Commonwealth Court to preempt the proceedings initiated by Republican lawmakers in November. He cited three reasons: First, a new General Assembly has taken office; second, he contends that the state Constitution doesn’t authorize a city district attorney’s impeachment; and third, he disputes that “misbehavior in office” is seriously alleged. 

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Pennsylvania House Republicans Sue Over Majority-Leader Status

Pennsylvania former House Speaker Bryan Cutler (R-Quarryville) this weekend announced he filed a lawsuit in the Commonwealth Court of Pennsylvania over Representative Joanna McClinton’s (D-Philadelphia) assertion of House majority-leader status. 

McClinton has used her title as majority leader to schedule special elections to replace one deceased member and two retired members of the state House of Representatives. State law calls on the House speaker to determine special-election dates for that chamber and vests the House majority leader with that power if the speaker cannot perform that duty. 

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Court Orders Philadelphia Columbus Statue be Uncovered

A Commonwealth Court of Pennsylvania ruled that Philadelphia must uncover a statute of Christopher Columbus that the city has been attempting to remove from a park due to racial injustice demonstrations.

Senior Judge Mary Hannah Leavitt ruled Friday that the City of Philadelphia’s plywood box covering the statue must be removed after the Friends of Marconi Plaza filed a request for the cover to be removed, NBC Philadelphia reported.

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U.S. Supreme Court Rules Against Counting Undated Pennsylvania Mail-In Ballots

The U.S. Supreme Court invalidated a lower federal court’s decision Tuesday allowing Pennsylvania counties to count undated mail-in ballots. 

The case originated in 2021 after Republican David Ritter and Democrat Zachary Cohen vied for a judgeship on the Lehigh County Court of Common Pleas and their race came to a near tie. Cohen eventually netted a five-vote lead when the Philadelphia-based Third U.S. Circuit Court of Appeals resolved a dispute between the candidates about whether to count 257 absentee ballots. Those sheets were returned in envelopes on which the voter failed to write a date. 

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Democratic Judge Questions Differing Ballot-Curing Rules Across Pennsylvania

As political-party attorneys and the state of Pennsylvania argued over “curing” election ballots on Thursday, the Democratic judge hearing the case suggested that differing county rules could undermine confidence in election integrity.

Judge Ellen Ceisler, one of two Democrats on the seven-member Commonwealth Court, conducted the hearing in which Republican Party lawyers pressed their case against Pennsylvania Acting Secretary of State Leigh Chapman (D). Per litigation filed three weeks ago, the plaintiffs contended that the court should not permit the secretary to let counties notify absentee or mail-in voters that their ballots contain mistakes that can supposedly be corrected or “cured.” 

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Pennsylvania Supreme Court Won’t Fast-Track Hearing for Proposed Abortion Amendment

Pro-lifers and scored a momentary win this week as the Pennsylvania Supreme Court decided against bypassing the Commonwealth Court and hearing a case against a proposed constitutional amendment. 

The Pennsylvania Family Institute and the Pro-Life Union of Greater Philadelphia were among organizations that filed amicus briefs with the majority-Democrat Supreme Court urging it to make Governor Tom Wolf (D) first take his case to the Republican-controlled lower court. In that forum, judges will rule on the validity of a proposed amendment stating that the commonwealth does not confer a constitutional right to abortion.

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Court Orders Three Pennsylvania Counties to Count Undated Ballots

Pennsylvania’s Commonwealth Court on Friday ordered three counties that declined to count undated absentee ballots to count them.

Republican Commonwealth Court President Judge Renee Cohn Jubelirer issued the ruling affecting Berks, Fayette and Lancaster counties. Last month, Acting Secretary of State Leigh Chapman (D) sued the three jurisdictions to compel them to include votes delivered in undated envelopes in their May 17 primary results. 

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Pennsylvania Senate Nomination Could Hinge upon Mail-In Ballot Decision

The determination of Pennsylvania’s unsettled Republican Senate nomination battle between Mehmet Oz and Dave McCormick could depend on a federal court decision regarding undated mail-in ballots.

As of Sunday afternoon, Oz held 418,535 votes to McCormick’s 417,465, putting the former ahead by far less than the 0.5 percent maximum gap that triggers an automatic recount. While over 99 percent of all ballots cast in the election have been counted, an ongoing dispute about whether undated absentee ballots should be deemed valid has the potential to erase Oz’s lead.

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Pennsylvania Governor Reviewing Judge’s Injunction Against Interstate Tolling Plans; Republicans Laud the Decision

Gov. Tom Wolf (D-PA) announced this week that his administration is reviewing the Pennsylvania Commonwealth Court’s order halting a plan to toll as many as nine of Pennsylvania’s bridges on Interstate-78, Interstate-79, Interstate-80, Interstate-81 and Interstate-83.

The Pennsylvania Department of Transportation’s (PennDOT) board voted in November 2020 to toll bridges it hoped to repair or replace, though it was not decided whether that would apply to all nine bridges. 

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