Opinion

In Re the Nomination Petitions & Papers of Stevenson

  • 615 Pa. 50
  • 40 A.3d 1212
  • 2012 Pa. LEXIS 631
  • 2012 WL 987786
Court
Supreme Court of Pennsylvania
Filed
Mar 26, 2012
Status
Published
Author
Saylor
On the bench
Castille, Saylor, Eakin, Baer, Todd, McCaffery, Melvin
Cited by
92 cases

stating this Court “was not incorrect in observing that the pronouncements of the lower federal courts have only persuasive, not binding, effect on the courts of this Commonwealth . . . ”

How later courts described this case

  • stating this Court “was not incorrect in observing that the pronouncements of the lower federal courts have only persuasive, not binding, effect on the courts of this Commonwealth . . . ”
  • acknowledging that while we are bound by decisions of the United States Supreme Court on federal law, "pronouncements of the lower federal courts have only persuasive, not binding, effect on the courts of this Commonwealth.”
  • explaining that “judgments of the federal courts are owed their due force and full effect in state courts”
  • recognizing that Morrill v. Weaver, 224 F.Supp.2d 882 (E.D.Pa.2002), is binding in this Commonwealth

Written by the judges who cited it.

The opinion

Justice SAYLOR,

concurring.

I respectfully disagree with the majority’s invocation of res judicata and collateral estoppel in the present case. Both doctrines depend, to some extent, on identity of a party or parties to the prior litigation, whereas such identity appears to be lacking here. My thoughts are more closely in line of those of the majority in terms of its discussion of federalism and comity, albeit I would add that the appropriate application of these principles to a given federal mandate may depend on the subject matter and particular circumstances involved. Here, however, I find the federal court’s rationale supporting its injunction to be fairly strong, and, in any event, I believe that impacted parties should be afforded judicial review in the federal courts, to the degree they might present a colorable challenge to an injunction imposed by the federal system. *74 Should such access be denied, I would certainly be willing to reconsider the approach to which I accede here.

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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