Legal Opinion · Dissent

Applewhite v. Commonwealth

Supreme Court of Pennsylvania

Decided September 18, 2012Published

1DissentJustice McCAFFERY

I completely agree with Justice Todd that the existing record in this case, together with the arguments and admissions made by the Commonwealth in its briefs and by its attorneys at argument before this Court, is fully sufficient to determine, without equivocation, that a preliminary injunction should be granted through the November 6, 2012 general election. I thus fully join her excellent dissenting statement.

As Justice Todd astutely observes, the Per Curiam Order merely gives the Commonwealth Court another opportunity to “predict” whether the implementation of Act 18 would disenfranchise…

2Cases cited2 opinions

  1. Perles v. Northumberland County Return BoardSupreme Court of Pennsylvania · 1964
  2. Absentee Ballots CaseSupreme Court of Pennsylvania · 1968

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