Opinion

Commonwealth v. Buckley

  • 510 Pa. 326
  • 508 A.2d 281
  • 1986 Pa. LEXIS 754
Court
Supreme Court of Pennsylvania
Filed
Apr 14, 1986
Status
Published
Author
Larsen
On the bench
Nix, Larsen, Flaherty, McDer-mott, Hutchinson, Zappala, Papadakos
Cited by
8 cases
Authority
More cited than 8.7%

The opinion

LARSEN, Justice,

dissenting.

I join Mr. Justice Flaherty’s dissenting opinion which would hold unconstitutional the Reciprocal Personal Income Tax agreement between Pennsylvania and New Jersey, except that I would have provided a six month stay of judgment to afford the appropriate governmental bodies an opportunity to correct the constitutional infirmity, i.e., to eliminate the disparate treatment of similarly situated taxpayers. See Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50, 88 , 102 S.Ct. 2858, 2880 , 73 L.Ed.2d 598 (1982) (although broad grant of jurisdiction to bankruptcy court judges was unconstitutional, decision was to apply prospectively only with judgment stayed for limited period to “afford congress an opportunity to reconstitute the bankruptcy courts or to adopt other valid means of adjudication, without impairing the interim administration of the bankruptcy laws.”)

PAPADAKOS, J., joins in this Dissenting Opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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