Legal Opinion · Dissent

County of Fayette v. Commonwealth, Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided July 31, 1984No. Appeals, Nos. 2481 C.D. 1981 and 2385 C.D. 1983Published

1Dissent

Dissenting Opinion by

Judge Williams, Jr. :

I respectfully dissent.

Sections 410 and 412 of the Ethics Law1 are cloaked with the presumption of constitutionality. These “good-cause” provisions — absent judicial invalidation or legislative repeal- — permit and justify claimants’ candidacies. By concluding simply that the Ethics Law does not provide good cause, the majority fails to first adjudicate the constitutionality of Sections 410 and *268412. The majority’s invocation of Wajert v. State Ethics Commission, 491 Pa. 255, 420 A.2d 439 (1980) and Kremer v. State Ethics Commission, Pa. , 469 A.2d…

2Cases cited8 opinions

  1. Frumento v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1976
  2. Wajert v. State Ethics CommissionSupreme Court of Pennsylvania · 1980
  3. Kremer v. State Ethics CommissionSupreme Court of Pennsylvania · 1983
  4. Commonwealth Ex Rel. Specter v. MoakSupreme Court of Pennsylvania · 1973
  5. In Re Prohibition of Political Activities by Court-Appointed EmployeesSupreme Court of Pennsylvania · 1977

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