Opinion

Rufo v. Bd. of License & Inspection Review

  • 192 A.3d 1113
Court
Supreme Court of Pennsylvania
Filed
Sep 13, 2018
Status
Published
Author
Wecht
On the bench
Saylor, Wecht
Cited by
5 cases
Authority
More cited than 13.8%

observing that appellees [J-107-2018] - 23 have no obligation to preserve issues

How later courts described this case

  • observing that appellees [J-107-2018] - 23 have no obligation to preserve issues
  • declining to review issues preserved below but not addressed by the trial court and remanding for their resolution
  • observing that appellees have no obligation to preserve issues

Written by the judges who cited it.

The opinion

JUSTICE WECHT, Concurring

I join the Majority Opinion in full.

I write separately because, although the Majority applies the operative constitutional standard, see Majority Opinion at 1120 (citing Lutz v. Armour , 151 A.2d 108 , 110 (Pa. 1959) ) ("[T]o pass constitutional muster, the Code, and the provisions therein, 'must not be unreasonable, unduly oppressive or patently beyond the necessities of the case, and the means which it employs must have a real and substantial relation to the objects sought to be attained.' "), I believe that this Court should abandon that test and embrace the more deferential federal standard. See Shoul v. Pa., Dep't of Transp., Bureau of Driver Licensing , 173 A.3d 669 , 690 (Pa. 2017) (Wecht, J., Concurring) (citing Williamson v. Lee Optical of Oklahoma Inc. , 348 U.S. 483 , 487-88 (1955), for the proposition that, under rational basis scrutiny, "[a] law need not be in every respect logically consistent with its aims to be constitutional. It is enough that there is an evil at hand for correction, and that it might be thought that the particular legislative measure was a rational way to correct it."); City of Phila. v. Lerner , 151 A.3d 1020 , 1024 (Pa. 2016).

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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