William Penn School District v. Pennsylvania Department of Education

DISSENTING OPINION

CHIEF JUSTICE SAYLOR

I respectfully dissent, as I would find that, per this Court’s prior decisions, resolution of the claim asserted under the Education Clause is entrusted to the political branches, and that the issue is, accordingly, non-justiciable. Notably, the parties do not ask that we overrule binding precedent in this regard.

Separately, I would conclude that the Petition fails to make out a viable cause of action under the equal protection requirement of the state charter.

Therefore, I would affirm the Commonwealth Court’s order sustaining the Respondents’ demurrers…