Stroup v. McNair

Dissenting Opinion by

Judge Mencer:

I respectfully dissent. The term of Ruth Pennell, a full term member of the State Tax Equalization Board of Pennsylvania, expired November 14, 1971, when the Senate of Pennsylvania was in session before final adjournment. The Senate of Pennsylvania adjourned sine die on December 28, 1971. The Governor of the Commonwealth did not nominate to the Senate any person to fill the vacancy resulting from the expiration of Ruth Pennell’s term. On December 29, 1971, the Governor of the Commonwealth appointed the defendant, Earl P. McNair, to a recess appointment as a…