Monday, June 12, 2006

170: “We Took a Hit Today”


Unfortunately, Federal Judge Yvette Kane ruled that a suit filed against the principals of Pennsylvania State government (legislative leadership, the Governor, and the Chief Justice of the Supreme Court) seeking relief from the unconstitutional actions of the principals in passing legislation, notably Acts 71 and 72 and last summer's Midnight Pay Raise, belong to the "political and electoral process” and not the courts, according to an Associate Press report just flashed over the wires.

We say unfortunate as such a ruling would seem to indicate that the Constitution of the United States and the Pennsylvania Constitution, both of which were violated by the actions indicated, have no bearing with the Federal Court.

It remains to be seen if the coalition of groups backing the suit filed by Common Cause of Pennsylvania will file an appeal. This blogger expects that to happen quickly.

We believe Judge Kane erred greatly in her judgment that the case had no merits on which the Federal Court could or should rule. The suit was indeed about Constitutionally defined issues, and therefore, while a remedy may be sought within the “political and electoral process”, it will be neither timely, nor will there be a guarantee that any remedy at all will be accomplished. Clearly this is a case requiring the Federal Courts to act on Constitutional grounds.

Gentlemen, please be speedy in your appeal of Judge Kane’s ruling.

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