MARKHAM v. WOLF

Nos. 109 MAP 2016, 110 MAP 2016.

190 A.3d 1175 (2018)

Jessica MARKHAM, Victoria Markham, Jesse Charles, Pennsylvania Homecare Association, United Cerebral Palsy of Pennsylvania, Appellees v. Thomas W. WOLF, in His Official Capacity as Governor of the Commonwealth of Pennsylvania, Department of Human Services, Office of Long Term Living, Appellants David W. Smith and Donald Lambrecht, Appellees v. Governor Thomas W. Wolf, in His Official Capacity as Governor of the Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Department of Human Services, Appellants

Supreme Court of Pennsylvania.

Decided: August 21, 2018.


Attorney(s) appearing for the Case

Irwin William Aronson, Esq. , Stuart West Davidson, Esq. , Bruce Michael Ludwig, Esq. , Deborah R. Willig, Esq. , Willig, Williams & Davidson, for Pennsylvania AFL-CIO, et al., Amicus Curiae.

Kimberly R. Crockett, Esq. , for Center of the American Experiment, Amicus Curiae. Joel L. Frank, Esq. , Lamb McErlane PC, for Senate President Pro Tempore Joseph B. Scarnati, III, and Speaker of the House, Michael C. Turzai, Amicus Curiae.

Amy Elizabeth Galer, Esq. , Brodie & Rubinsky, P.C., for United Homecare Workers of Pennsylvania Liberty Resources, Inc. et al, Amicus Curiae.

Claude Joseph Hafner II, Esq. , Jason Michael Staloski, Esq. , Nora Winkelman, Esq. , Pennsylvania Senate, for Sen. Jay Costa, Democratic Leader, Rep. Fank Dermody, Democratic Leader et al, Amicus Curiae.

Aaron Diego Martin, Esq. , Mette, Evans & Woodside, for National Federation of Independent Business Small Business Legal Center, Amicus Curiae.

Mark Stadler, Esq. , Burns White, LLC, for TRIPIL Services, Amicus Curiae. W. James Young, Esq. , National Right to Work Legal Defense Foundation, Inc., for National Right to Work Legal Defense Foundation, Inc., Amicus Curiae.

Kenneth Lawson Joel, Esq. , Maryanne Mueller Lewis, Esq. , Office of Attorney General, for Thomas W. Wolf, and Commonwealth of Pennsylvania, Department of Human Services, Appellant.

Nathan John McGrath, Esq. , David Randel Osborne, Esq. , The Fairness Center, for David W. Smith and Donald Lambrecht, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

The Pennsylvania Constitution, since its inception in 1776, has created a framework of government vesting legislative, judicial, and executive powers in three separate branches. This tripartite structure, with its system of checks and balances among these branches, is designed to prevent a concentration...

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