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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.
State v. Qinxuan Pan
Ruled defendant in bail modification hearing was not constitutionally entitled to affordable bail and extremely high bond amount was reasonable under the circumstances
Matthews v. The Industrial Commission of Arizona
Ruled statute limiting workers’ compensation claims for mental illnesses to those arising from unusual or extraordinary situations does not violate workers' compensation and equal protection clauses
State v. Moeser
Ruled officer’s signing of affidavit for a warrant while not under oath satisfied constitution's oath or affirmation requirement which does not require a specific procedure for the administration of the oath
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.
Knolmayer v. McCollum
Ruled statute’s different treatment of medical malpractice claimants based on existence and type of collateral source compensation to limit recovery of tort damages violates equal protection clause
State v. Aktiengesellschaft
Ruled no due process or due course of law violation for governor to exercise constitutional power to appoint justices to substitute for recused justices in case brought by attorney general
Delgado v. State
Upheld statute creating commission to recommend increases to official salaries as a valid assignment of powers by legislature, satisfying requirements to fix “by law” legislative compensation and separation of powers
