Rendell v. Pennsylvania State Ethics Commission

If the issue of whether the term “business” as used in the Ethics Act includes a “non-profit corporation” had arisen in the context of an actual investigation by the Ethics Commission and subsequent prosecution of former Secretaries Michael DiBerardinis and Kathleen McGinty then I would have wholeheartedly joined the majority opinion. However, as it did not, I must write separately because I believe that this case implicates an important prudential issue regarding judicial restraint, the case or controversy doctrine.1 I realize that the parties have not discussed the application of the…