City of Philadelphia v. Lerner

I join Justice Donohue’s dissenting opinion. To the degree that the majority premises its disposition upon the doctrine of waiver, I offer the following comments.

When addressing concerns about issue preservation and presentation, my own thoughts align with those courts which remain “mindful of the prophylactic and prudential origins of the doctrine.” Huber v. Taylor, 469 F.3d 67, 75 (3d Cir. 2006). For example, in the federal judicial system, the doctrine of plain error, as well as discretionary decision-making authority invested *1026in the-courts of appeals, continue to serve as safety valves to…