STROUP v. Kapleau

Dissenting Opinion by

Mr. Justice Roberts:

I am compelled to disagree with the anomalous result dictated by today’s affirmance of the order of the Commonwealth Court.1 Its result is totally inconsistent with the express language of Article IV, Section 8 of the Pennsylvania Constitution and effectively renders inoperative a mandatory constitutional provision.2 This *188construction of Article IV, Section 8, grants the Governor the power to whimsically and continually circumvent the constitutional requirement of Senate advice and consent to the contested and other executive appointments. The Governor…