SCARNATI v. WOLF

No. 579 M.D. 2014

135 A.3d 200 (2015)

Joseph B. SCARNATI, Senator and President pro tempore of the Senate of Pennsylvania; Jake Corman, Senator and Majority Leader of the Senate of Pennsylvania; Jay Costa, Senator and Minority Leader of the Senate of Pennsylvania, Petitioners v. Tom WOLF, Governor of Pennsylvania; Randy Albright, Secretary of the Budget; Christopher Craig, Acting State Treasurer of Pennsylvania; Dennis M. Davin, Acting Secretary of Community and Economic Development; Cindy Adams Dunn, Acting Secretary of Conservation and Natural Resources; John Quigley, Acting Secretary of Environmental Protection; Curtis M. Topper, Acting Secretary of General Services; Kathy Manderino, Acting Secretary of Labor & Industry; James R. Joseph, Acting Adjutant General of Pennsylvania; Josh Shapiro, Chairman of the Pennsylvania Commission on Crime and Delinquency, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 30, 2015.


Attorney(s) appearing for the Case

Anthony R. Holtzman , Harrisburg, for petitioners.

Gregory E. Dunlap , Executive Deputy General Counsel, Harrisburg, Mark A. Aronchick and Dylan J. Steinberg , Philadelphia, for respondents Tom Wolf, et al.

Christopher P. Donahue , Assistant Counsel, Harrisburg, for Respondent Pennsylvania Department of Treasury.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and RENEE COHN JUBELIRER, Judge, and PATRICIA A. McCULLOUGH, Judge.


In the underlying petition for review (PFR) seeking declaratory and injunctive relief, the Senator Petitioners (Senators) challenge as unconstitutional former Governor Thomas Corbett's partial disapproval of the General Appropriations Act of 2014(GAA) and 2014 Fiscal Code Amendments (FCA).1

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