MARKHAM v. WOLF

Nos. 59 MAP 2015, 60 MAP 2015.

136 A.3d 134 (2016)

Jessica MARKHAM, Victoria Markham, Jesse Charles, Pennsylvania Homecare Association, United Cerebral Palsy of Pennsylvania, v. Thomas W. WOLF, in his Official Capacity as Governor of the Commonwealth of Pennsylvania, Department of Human Services, Office of Long Term Living. Appeal of President Pro Tempore Senator Joseph B. Scarnati, III, Majority Leader Senator Jake Corman, Majority Whip Senator John Gordner and Majority Appropriations Chairman Senator Pat Browne, on Behalf of the Pennsylvania Senate Majority Caucus, Possible Intervenors. David W. Smith and Donald Lambrecht, v. Governor Thomas W. Wolf, in his Official Capacity as Governor of the Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Department of Human Services. Appeal of President Pro Tempore Senator Joseph B. Scarnati, III, Majority Leader Senator Jake Corman, Majority Whip Senator John Gordner and Majority Appropriations Chairman Senator Pat Browne, on Behalf of the Pennsylvania Senate Majority Caucus, Possible Intervenors.

Supreme Court of Pennsylvania.

Resubmitted January 20, 2016.

Decided March 29, 2016.


Attorney(s) appearing for the Case

Joel L. Frank, Esq. , Maureen Murphy McBride, Esq. , James C. Sargent Jr., Esq. , Scot Russel Withers, Esq. , Lamb McErlane, PC, West Chester, for President Pro Tempore Senator Joseph B. Scarnati, III, et al.

Bruce Richard Beemer, Esq. , Kenneth Lawson Joel, Esq. , Sean Andrew Kirkpatrick, Esq. , Maryanne Mueller Lewis, Esq. , Pennsylvania Office of Attorney General, Denise Joy Smyler, Esq. , Philadelphia, for Thomas W. Wolf in Official Capacity as Gov. of Comm. of PA, Dept. of Human Svcs., Ofc. of Long Term Living.

Jason Gantcliffe Benion, Esq. , John Walter Dornberger, Esq. , Cynthia A. Haines, Esq. , James John Kutz, Esq. , Paula Gayle Sanders, Esq. , Post & Schell, P.C., Harrisburg, for Jessica Markham, Victoria Markham, Jesse Charles, PA Homecare Assoc., United Cerebral Palsy of PA.

David Randel Osborne, Esq. , for David W. Smith and Donald Lambrecht.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.


OPINION

In this interlocutory appeal, we consider whether state legislators have standing to intervene in a challenge to the issuance of an executive order concerning direct care health workers. For the reasons that follow, we conclude that, in these circumstances, they do not because the legislators' interests purportedly...

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