Delisle v. Boockvar
Decision Date | 29 May 2020 |
Docket Number | No. 95 MM 2020,95 MM 2020 |
Citation | 234 A.3d 410 (Table) |
Parties | Melinda DELISLE, Jacques Delisle, Adam Delisle, Bryan Irvin, Charles Cella, Deborah Cella, Mary Cay Curran, Eliza Hardy Jones, Krista Nelson, Eileen McGovern, Cedric Hardy, Petitioners v. Kathy BOOCKVAR, in her capacity as Secretary of the Commonwealth of Pennsylvania, and Jessica Mathis, in her capacity as Director of the Bureau of Election Services and Notaries of the Pennsylvania Department of State, Respondents |
Court | Pennsylvania Supreme Court |
AND NOW, this 29th day of May, 2020, upon consideration of the Petitioners’ Petition for Review:
I join the Court's decision to transfer the Petition for Review to the Commonwealth Court for disposition. The statute that conferred exclusive original jurisdiction upon this Court to hear constitutional challenges revoked that jurisdiction at the expiration of 180 days, and there is no question that Petitioners herein filed their petition outside that time limit. Moreover, Petitioners fail to assert a compelling basis for exercising our oft-invoked, seldom-granted King's Bench authority.
Petitioners raise valid and serious concerns, but they elected to pursue relief under fact-intensive constitutional theories requiring a great deal of speculation that generally lie outside this Court's purview, particularly when the time allotted for a satisfactory resolution is vanishingly brief, which was the basis of our recent rejection of a very similar challenge. See Disability Rights Pennsylvania v. Boockvar , ––– A.3d ––––, 83 MM 2020, 2020 WL 2507661 (Wecht, J., concurring). But while speculative, under the current extraordinary circumstances, the potential for impairment of the ability of voters to cast a valid ballot by mail is real and substantial, and the stakes are high. The unlikely event of a tragic and unfortunately timed global pandemic undoubtedly has strained the local bureaucracies tasked with ensuring the timely processing of absentee and mail-in...
To continue reading
Request your trial-
McLinko v. Commonwealth
...baton" to the Commonwealth Court following the passage of time. Id. at 28. The Secretary recognizes that in Delisle v. Boockvar , ––– Pa. ––––, 234 A.3d 410 (2020) (per curiam), this Court transferred a constitutional challenge to Act 77 to the Commonwealth Court for disposition because it ......
-
McLinko v. Commonwealth
...any doubt, Section 13 has been treated as a provision on subject matter jurisdiction, not a statutory time bar. In Delisle v. Boockvar , ––– Pa. ––––, 234 A.3d 410 (2020), the Supreme Court by per curiam order dismissed a petition for review that had been filed after April 28, 2020, and tra......
-
Kelly v. Commonwealth, No. 68 MAP 2020
...to discard here, the judiciary must consider their interests when balancing the equities. Cf. Delisle v. Boockvar, ___ Pa. ___, 234 A.3d 410, 411 (2020) (per curiam) (Wecht, J., concurring) ("[I]t cannot be gainsaid that there is no post hoc remedy sufficient to cure the arbitrary deprivati......