Legal Opinion
Frame v. Sutherland
Supreme Court of Pennsylvania
Decided October 25, 1974No. 613 Misc.DocketPublishedCited by 32 opinions
1Opinion of the Court
OPINION
ROBERTS, Justice.
We are presented with challenges to the validity of certain appointments made by the Governor without the consent of the Senate. We hold that, because the appointments were not made “during the recess of the Senate,” they are invalid.
At 2:30 p. m. on December 31, 1973, the Pennsylvania Senate voted to adjourn its 1973 session. The adjournment resolution, adopted by a vote of 24-22, purported to adjourn the Senate sine die.1 The resolution did not contemplate, provide for, or receive the consent of the House of Representatives. In fact, the House met and conducted…
2Cases cited3 opinions
- Creamer v. Twelve Common Pleas JudgesSupreme Court of Pennsylvania · 1971
- STROUP v. KapleauSupreme Court of Pennsylvania · 1973
- Ritenour v. PeirceSupreme Court of Pennsylvania · 1971
3Cited by32 opinions
- Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
- Snider v. ThornburghSupreme Court of Pennsylvania · 1981
- Wilt v. BealCommonwealth Court of Pennsylvania · 1976
- Zemprelli v. ThornburghCommonwealth Court of Pennsylvania · 1979
- In Re FaloneSupreme Court of Pennsylvania · 1975
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