In Re Benninghoff

I joined in this Court’s unanimous April 7, 2004 per curiam order, which reversed the decision of the Commonwealth Court and ordered that appellant Benninghoffs name be printed on the primary ballot. That mandate was consistent with the position I had taken when I dissented from this Court’s earlier order of April 1, 2004, which transferred the matter to the State Ethics Commission and ordered it to file an advisory “disposition” by April 5, 2004. In a Dissenting Statement which was joined by Mr. Justice Nigro and Mr. Justice Saylor, I stated:

I would hold that the omission here is an…