# Zemprelli v. Thornburgh

> Commonwealth Court of Pennsylvania · October 29, 1979 · 47 Pa. Commw. 43

URL: https://www.frixlaw.com/law-library/cases/9694720

## Case

- **Full name:** Edward P. Zemprelli, State Senator, Petitioner v. Richard L. Thornburgh, Governor, Respondent
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** October 29, 1979
- **Citations:** 47 Pa. Commw. 43; 407 A.2d 102; 1979 Pa. Commw. LEXIS 2163
- **Precedential status:** Published
- **Opinion:** Concurrence by DiSalle
- **Judges:** Bowman, Wilkinson, Rogers, Blatt, Disalle, Craig, MacPhail, Crttmlish, Mencer
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9694720

## How later opinions describe it (automated extraction)

- holding that governor's constitutional duty to name appointee "confers a legal interest" on state senator seeking to compel governor to fulfill his or her constitutional duty

## Opinion text

*61 Concurring Opinion by
Judge DiSalle :
I join in the majority’s opinion in all respects. While I do not believe that we have presently before ns a case or controversy (in view of onr decision here that the Governor may not be compelled to fill any vacancies at all in the first instance), it is equally clear to me that when the Governor does finally decide to fill a vacancy by sending a nomination to the Senate, a controversy will immediately arise; hence, I have no hesitancy in reaching the merits at this point. In my view, we should not forestall judicial consideration of this pressing constitutional matter any longer. 1 Indeed, it is regrettable that, because we are here dealing with preliminary objections, we may not enter a definitive order at this time, and finally dispose of this litigation.
The Governor took office more than nine months ago and, as Petitioner alleges, hundreds of important public positions remain vacant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9694720. Public record. Not legal advice.