Opinion

In Re Nomination Petition of Farnese

  • 609 Pa. 543
  • 17 A.3d 357
  • 2011 Pa. LEXIS 683
Court
Supreme Court of Pennsylvania
Filed
Mar 29, 2011
Status
Published
Author
Saylor
On the bench
Castille, Saylor, Eakin, Baer, Todd, McCaffery, Greenspan
Cited by
31 cases
Authority
More cited than 10.7%

noting Pennsylvania adheres to the “American Rule” (quoting Trizechahn Gateway LLC v. Titus, 976 A.2d 474, 482–83 (Pa. 2009)

How later courts described this case

  • noting Pennsylvania adheres to the “American Rule” (quoting Trizechahn Gateway LLC v. Titus, 976 A.2d 474, 482–83 (Pa. 2009)
  • reiterating long-standing legal precedent that courts “should not reach constitutional issue if the case can properly be decided on non-constitutional grounds”
  • “[W]e will not reach the constitutional arguments presented by the objectors, having been able to- decide this case on statutory grounds.”
  • “[T]he candidate here sought costs, not under Section 1726 or a rule/order of this court, but under a specific statutory provision....”

Written by the judges who cited it.

The opinion

Justice SAYLOR

concurring.

I join the majority opinion, subject to the observation that I have been in a minority position in a number of the background decisions. Thus, I remain circumspect about: reading Section 977 of the Election Code as sanctioning discretionary cost awards against candidates, see In re Nader, 588 Pa. 450, 468-70 , 905 A.2d 450, 461-62 (2006) (Saylor, J., dissenting); 1 the character, scope, and legal significance of the signature irregularities noted in the Nader matter, see In re Nader, 580 Pa. 134 , 135-8 & n. 13, 860 A.2d 1 , 1-10 & n. 13 (2004) (Saylor, J., dissenting); and the import of potential inferences which may be drawn from truly wide scale signature impro *571 prieties in situations where these may be tied to the candidate himself. See In re Payton, 596 Pa. 469, 470-72 , 945 A.2d 162, 168-64 (2008) (Saylor, J., concurring).

. Although this is not a case in which costs were assessed against a candidate, the mutuality reflected in the prevailing interpretation of Section 977 makes it necessary to consider the impact on the elective franchise in determining the appropriate judicial approach to costs awards.

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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