Legal Opinion · Concurring in part, dissenting in part

Lawless v. Jubelirer

Commonwealth Court of Pennsylvania

Decided January 4, 2002Published

1Concurring in part, dissenting in partSmith, Judge

I concur with the Majority’s reasoning and disposition of the standing and separation of powers/political question issues. I respectfully dissent, however, from the Majority’s ruling that the Pennsylvania Constitution, in particular Article IV, § 14, allows Respondent Robert C. Jubelirer to occupy three offices simultaneously: two legislative branch offices as Pennsylvania Senator and President pro tempore of the Senate and an executive branch office as Lieutenant Governor of Pennsylvania. Respondent became the Commonwealth’s permanent Lieutenant Governor when former Lieutenant Governor Mark…

2Cases cited21 opinions

  1. Commonwealth v. EdmundsSupreme Court of Pennsylvania · 1991
  2. Commonwealth v. NovakSupreme Court of Pennsylvania · 1959
  3. Commonwealth v. CleckleySupreme Court of Pennsylvania · 1999
  4. Stearns v. MinnesotaSupreme Court of the United States · 1900
  5. Martin EstateSupreme Court of Pennsylvania · 1950

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