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MARCAVAGE v. RENDELL

888 A.2d 940 (2005)

Michael MARCAVAGE, Mark Diener, Linda Beckman, Randall Beckman, Susan Startzell, Arlene Elshinnawy and Nancy Major, Petitioners v. Edward G. RENDELL, Governor of the Commonwealth of Pennsylvania, John M. Perzel, Speaker of the Pennsylvania House of Representatives, Robert C. Jubelirer, President Pro Tempore of the Pennsylvania Senate, Honorable Pedro A. Cortes, Secretary of the Commonwealth of Pennsylvania, All in their Official Capacities and not in Their Private Capacities, and Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 22, 2005.

Reargument Denied January 20, 2006.

Attorney(s) appearing for the Case

Aaron D. Martin, Kennett Square, for petitioners.

Amanda L. Smith, Deputy Attorney General, for respondents, Edward G. Rendell, Hon. Pedro A. Cortes, and Pennsylvania.

Jonathan F. Bloom, Philadelphia, for respondent, John M. Perzel.

Linda J. Shorey, Harrisburg, for respondent, Robert C. Jubelirer.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

Reargument En Banc Denied January 20, 2006.

OPINION BY Judge SMITH-RIBNER.

Respondents have filed preliminary objections in the nature of a demurrer to Petitioners' amended petition for review filed in the Court's original jurisdiction. Petitioners seek a declaration that the Act of December 3, 2002, P.L. 1176, No. 143 (Act 143) amending Section 2710 of the Crimes Code (ethnic intimidation), 18 Pa. C.S. § 2710, is unconstitutional as violative of the...

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