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Will the Pennsylvania Supreme Court Recognize a Right to Abortion?
Two justices say there is a constitutional right to abortion, but it’s not clear the full court will consider the question.
Bruce Ledewitz
Bruce Ledewitz is the Adrian Van Kaam C.S.Sp. Endowed Chair in Scholarly Excellence at Thomas R. Kline School of Law of Duquesne University.
Barnett v. Jones
Ruled that local law dictating how proceeds distributed to a county should be allocated is constitutional because no existing general law provides for the same matter
Butler v. Watson
Ruled that clause requiring distribution of ballot initiative signatures across the state's five congressional districts was rendered inoperable by reduction in number of state's congressional districts
Bayou Bridge Pipeline, LLC v. 38.00 Acres
Ruled that takings clause requiring compensation to the full extent of landowner's loss provides authority for award of attorney fees and litigation costs
Lowther v. Town of Bastrop
Ruled that municipality is constitutionally mandated to satisfy court order to pay back wages to firefighters by clause excepting fire minimum wages from overall constitutional limitation on unfunded mandates
The U.S. Supreme Court’s History of Adopting State Supreme Court Guidance
Both historical and recent decisions show the Court’s willingness to apply state supreme courts’ reasoning to interpret the Constitution.
McCarty v. Arkansas State Plant Board
Ruled statute permitting private entities to appoint members to a governmental board was an unconstitutional delegation of legislative appointment power
In re Childers-Gray
Ruled that adjudication of sex-change petitions is within the judicial power, and does not violate the constitution's separation of powers clause or present a nonjusticiable political question
