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JUBELIRER v. RENDELL

904 A.2d 1030 (2006)

Robert C. JUBELIRER, Senator and Pres ident pro tempore of the Pennsylvania Senate, and John M. Perzel, Representative and Speaker of the Pennsylvania House of Representatives, Petitioners v. Edward G. RENDELL, Governor of Pennsylvania; Robert P. Casey, Jr., State Treasurer of Pennsylvania; Michael J. Masch, Secretary of Budget and Administration of Pennsylvania; Estelle Richman, Secretary of Public Welfare of Pennsylvania; Pennsylvania Department of Public Welfare; Allen D. Biehler, Secretary of Transportation of Pennsylvania; Pennsylvania Department of Transportation; Colonel Jeffrey B. Miller, Commissioner of the Pennsylvania State Police; Pennsylvania State Police, Respondents.

Commonwealth Court of Pennsylvania.

Decided August 10, 2006.

Attorney(s) appearing for the Case

John P. Krill, Jr., Harrisburg, for petitioners.

Mark A. Aronchick, Philadelphia, for respondent, Edward G. Rendell.

Sally A. Ulrich, Harrisburg, for respondent, Robert P. Casey, Jr.

Peter H. LeVan, Philadelphia, for respondent, Department of Transportation.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, and SIMPSON, Judge.

OPINION BY President Judge COLINS.

We consider Respondents' Application for Summary Relief filed in response to Petitioners' Petition for Review seeking a declaratory judgment and injunctive relief that would: 1) declare that Article V, Section 16 of our Constitution does not permit the Governor to disapprove of language in an appropriations bill, as opposed to the amounts appropriated in a bill; 2) declare the Governor Edward G. Rendell's (Rendell) disapproval of...

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