Statement of Jim Schultz on decision to deny reconsideration:
Regarding Robinson Township et al. v. Commonwealth et al., James D. Schultz, General Counsel to the Governor, released the following statement:
“We are disappointed that the Supreme Court of Pennsylvania has once again ruled in favor of an unprecedented expansion of judicial authority to strike down a variety of legislative enactments under Article I, Section 27 of the Pennsylvania Constitution without the benefit of a proper record. Justice Saylor is correct that “[t]he judiciary simply does not possess the ability to divine the consequences of a legislative enactment absent a developed factual record.”
Not only has the Court set aside several critical environmental protections championed by both Governor Corbett and the General Assembly, they have infringed upon a fact-finding role that they have always held was not their role to invade.
Moreover, channeling Justice Saylor’s dissent, the Court’s denial of the Application for Reconsideration has laid waste to principles of fundamental fairness owing to a co-equal branch of government. The Court has ignored its own precedent and established procedure, mandating that the parties be afforded a reasonable opportunity to present evidence before the Court rules as to whether Act 13 satisfies the newly-pronounced balancing test under Section 27 of Article I of the Pennsylvania Constitution.”