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LEACH v. COM.

No. 585 M.D. 2014

118 A.3d 1271 (2015)

Daylin LEACH, Minority Chairman of the Senate Judiciary Committee and Senator Representing the 17th Senatorial District, Vincent J. Hughes, Senator Representing the 7th Senatorial District, Lawrence M. Farnese, Senator Representing the 1st Senatorial District, Cherelle L. Parker, Representative for the 200th House District, Edward C. Gainey, Representative for the 24th House District, the City of Philadelphia, the City of Pittsburgh, and the City of Lancaster, Petitioners v. COMMONWEALTH of Pennsylvania, Mike Turzai, Speaker of the House of Representatives, James F. Cawley, Lieutenant Governor of the Commonwealth of Pennsylvania, and Thomas Wingett Corbett, Governor of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided June 25, 2015.

Attorney(s) appearing for the Case

Robert L. Masterson , Philadelphia, for petitioners.

Gregory E. Dunlap , Harrisburg, and Nicholas M. Orloff , Media, for respondents.

BEFORE: DAN PELLEGRINI, President Judge, BERNARD L. McGINLEY, Judge, BONNIE BRIGANCE LEADBETTER, Judge, ROBERT SIMPSON, Judge, MARY HANNAH LEAVITT, Judge, PATRICIA A. McCULLOUGH, Judge, and ANNE E. COVEY, Judge.

In this original jurisdiction matter, we are confronted with a facial state constitutional challenge to Act No. 192 of 2014 (Act 192). Act 192 began as a two-page bill establishing criminal penalties for the theft of secondary metals. In the final stages of enactment, it became an act that also created a civil cause of...

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