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MARCAVAGE v. RENDELL

936 A.2d 188 (2007)

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 November 15, 2007.

Attorney(s) appearing for the Case

Aaron D. Martin, Kennett Square, for petitioners.

Howard G. Hopkirk, Sr. Deputy Attorney General, Harrisburg, for respondents, Edward G. Rendell, Pedro A. Cortes, and Commonwealth of Pennsylvania.

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

Linda J. Shorey and Amy L. Groff, Harrisburg, for respondent, President Pro Tempore of the PA Senate.

BEFORE: LEADBETTER, President Judge, and COLINS, SMITH-RIBNER, PELLEGRINI and SIMPSON, JJ.

OPINION BY Judge COLINS.

The named Petitioners have filed an amended petition for review in our original jurisdiction, seeking (1) 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, was enacted in violation of Article III, Sections 1, 2, 3, and 4 of the Pennsylvania Constitution and (2) an injunction permanently enjoining its enforcement.

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