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MELLOW v. MITCHELL

530 Pa. 44 (1992)

607 A.2d 204

Robert J. MELLOW, Senator, 22nd District, J. William Lincoln, Senator 32nd District, Leonard J. Bodack, Senator, 38th District, Michael A. O'Pake, Senator, 11th District, Patrick J. Stapleton, Senator, 41st District, Jeanette F. Reibman, Senator, 18th District, Vincent J. Fumo, Senator, 1st District, and H. Craig Lewis, Senator, 6th District, Individually and in their official capacities, Appellants, v. Brenda K. MITCHELL, Acting Secretary of the Commonwealth, and William Boehm, Commissioner of the Bureau of Commissions, Elections, and Legislation, Department of State, in their official capacities only, Appellees.

Supreme Court of Pennsylvania.

Decided March 26, 1992.

Attorney(s) appearing for the Case

Edwin A. Abrahamsen, Lawrence J. Moran, Scranton, and Mark Packman, for petitioner.

Gregory E. Dunlap, Harrisburg, for respondents.

John P. Krill, Jr. and Stephen C. MacNett, Harrisburg, for Loeper, et al. intervenors.

Joseph W. Murphy and Charlene A. Basehore, Harrisburg, for Ryan/Cornell intervenor.

Reizdan B. Moore, Harrisburg, for O'Donnell intervenor.

Thomas D. Rees, Jeffrey L. Abrams, Norristown and Thomas R. Solomich, Pittsburgh, for Wilkes, et al. intervenors.

Charles W. Bowser, Kenneth C. Frazier, Mary E. Kohart, Philadelphia, Bridget Montgomery, Harrisburg, for Phl. Ldrsh. et al. intervenors.

Stephen B. Harris, Warrington, for Greenwood, et al. intervenors.

Joseph F. Leeson, Jr., Bethlehem, for Freeman, et al. intervenors.

Douglas P. Yauger, Pittsburgh, for Foglietta, et al. amici curiae.

OPINION OF THE COURT

PAPADAKOS, Justice.

This case involves the redistricting of Pennsylvania's seats in the United States House of Representatives. After the 1990 census was taken, the Clerk of the United States Congress informed the Pennsylvania Secretary of State that Pennsylvania was henceforth only entitled to have twenty-one (21) seats in the United States House of Representatives, a net loss of two (2) seats or districts. From early 1991 to the present...

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