Finberg v. Sullivan

My disagreement with the majority is fundamental and all pervasive. We are divided not so much over the choice, interpretation, or application of legal precepts as by a primary difference in our understanding of federalism. My views of Pennsylvania Common Pleas Court practice are nadiral to those of the majority; our disagreement, irreconcilable. Yet because we *65are intimately absorbed in “our natural law inheritance in constitutional adjudication,”1 our debate must be spirited and robust. Only if it is will the common law adjudicatory tradition be truly respected and, by a percolating…