Erfer v. Commonwealth (2002)

However, in Vieth, the court revisited the issue, and a four-Justice plurality indicated they would overrule Bandemer’s holding, with an equal number of Justices indicating they would reaffirm it, although they remained unable to agree on an adjudicative (continued…) [J-1-2018] - 60 (Pa. 2002)), it is insufficient to allege that a redistricting plan employs partisan or political classifications per se: rather, a party must demonstrate that the plan employs excessive partisan…

Driscoll v. Corbett, 620 Pa. 494 , 69 A.3d 197, 209 (2013); Erfer v. Commonwealth, 568 Pa. 128 , 794 A.2d 325, 332 (2002).

“A statute will only be declared unconstitutional if it clearly, palpably and plainly violates the constitution.” Id; [J-11-2014] - 12 Erfer v. Commonwealth, 794 A.2d 325, 331 (Pa. 2002) (citation omitted); see 1 Pa.C.S. § 1922(3).

Nevertheless, in Reynolds, 377 U.S. at 577 , 84 S.Ct. 1362 , the U.S. Supreme Court held that the Equal Protection Clause requires legislative districts to be as equal in population "as is practicable.” In Erfer, 568 Pa. at 138-139, 794 A.2d at 332, the Pennsylvania Supreme Court held that the equal, protection requirement in Article I, §§ 1 and 26 of the Pennsylvania Constitution provides protection to the right to vote no ■ greater than that provided by the Equal Protectio…

Finally, citing Smith v. Fenner, 399 Pa. 633 , 161 A.2d 150 (1960), Crown Cork asserts that because the Statute only alters the allocation of damages among multiple defendants, Article 1, Section 11 is not implicated. 16 At this point it is important to observe that the Statute, like any legislative enactment, enjoys a presumption of constitutionality; that Appellants bear a heavy burden to prove it unconstitutional; and that “[a] statute will only be declared unconstitution…

Erfer v. Commonwealth, 794 A.2d 325, 329 (Pa. 2002) disavowed on other grounds by League of Women Voters v. Commonwealth, 178 A.3d 737, 813 (Pa. 2018).

See Com., Dep’t of Transp. v. Taylor, 576 Pa. 622 , 841 A.2d 108 , 114 n.6 (2004); Driscoll v. Corbett, 620 Pa. 494 , 69 A.3d 197, 209 (2013); Erfer v. Com., 568 Pa. 128 , 794 A.2d 325, 332 (2002).

The petitioners in Erfer claimed that a reapportionment scheme constituted illegal gerrymandering that violated Pennsylvania’s Elections Clause. 794 A.2d at 328.

Notably, this Court has observed such an equivalence in the equal protection arena, see Erfer v. Commonwealth, 568 Pa. 128, 139 , 794 A.2d 325, 332 (2002); Albert, 563 Pa. at 138 , 758 A.2d at 1151 ; Love, 528 Pa. at 325 , 597 A.2d at 1139 , but Petitioners have chosen to proceed solely under the state charter, presumably on account of the unfavorable federal precedent, see Gregory, 501 U.S. at 473 , 111 S.Ct. at 2408 .

Thus, claims of political gerrymandering are to be measured by the standard set forth by the plurality of the Supreme Court in Bandemer . [16] In applying the Bandemer standard to assess a claim of political gerrymandering, the Pennsylvania Supreme Court observed that "[t]his is unquestionably an onerous standard, difficult for a plaintiff to meet." Erfer v. Commonwealth, No. 14 MM 2002, 794 A.2d 325, 333 (Pa.2002).

See Erfer v. Commonwealth, 568 Pa. 128 , 142 n.4, 794 A.2d 325 , 334 n.4 (2002). [J-1-2018] - 6 From my point of view, the majority opinion fails to sufficiently account for the fundamental character of redistricting, its allocation under the United States Constitution to the political branch, and the many drawbacks of constitutionalizing a non-textual judicial rule.

See, e.g., Erfer v. Commonwealth, 568 Pa. 128, 137 , 794 A.2d 325, 331 (2002).

See Ieropoli v. AC&S Corp., 842 A.2d 919 (Pa.2004). "[A] statute will only be declared unconstitutional if it clearly, palpably and plainly violates the constitution." Id. at at 928. (quoting Erfer v. Commonwealth, 568 Pa. 128 , 794 A.2d 325, 331 (2002)).

See Erfer v. Commonwealth, 568 Pa. 128 , 794 A.2d 325 (2002).

Id. at 2045; see also Erfer v. Commonwealth, 568 Pa. 128 , 794 A.2d 325, 329 (2002).

See, e.g., League of Women Voters of Pennsylvania v. The Commonwealth of Pennsylvania (Pa. Cmwlth., No. 261 M.D. 2017, filed November 13, 2017) (order sustaining preliminary objection challenging standing of League of Women Voters of Pennsylvania as a party petitioner in an action seeking the reapportionment of federal congressional districts, citing “Erfer v. Commonwealth, 794 A.2d 325, 330 (Pa. 2002) (holding that entity not authorized by law to exercise right to vote in C…