James v. Southeastern Pennsylvania Transportation Authority

The majority has concluded that the notice requirement contained in the Metropolitan Transportation Authorities Act of August 14, 1963, P.L. 984, § 36, 66 P.S. 2036,1 constitutes a violation of the equal protection clause of the Fourteenth Amendment and is unconstitutional. In order to achieve this result, the author of the lead opinion has employed the intermediate or “heightened scrutiny” level of *523review. Because I am persuaded by applicable authority that the standard of review utilized is incorrect and because I disagree with the result achieved, I must respectfully, but vigorously,…