Fumo v. Pennsylvania Public Utility Commission

I respectfully dissent. Since the decision of our Supreme Court in Consumer Party of Pennsylvania v. Commonwealth of Pennsylvania, 510 Pa. 158, 507 A.2d 323 (1986), the Enrolled Bill Doctrine has lost its vitality in barring a court from examining whether the procedures of the legislature in enacting legislation comport with the provisions of the Constitution of this Commonwealth, as illustrated by the analysis of that case, as well as by subsequent cases which this court has decided. Because the Enrolled Bill doctrine has lost its vitality and the Majority purportedly applies this doctrine…