Marcavage v. Rendell

OPINION BY

Judge SMITH-RIBNER.

Respondents have filed preliminary objections in the nature of a demurrer to Petitioners’ amended petition for review filed in the Court’s original jurisdiction. Petitioners seek 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, is unconstitutional as violative of the legislative process mandated by Article III, Sections 1, 2, 3 and 4 of the Pennsylvania Constitution (Constitution). They also seek to enjoin enforcement of Act 143.

The legislative process…