AG Kane Tries to Force PA. Supreme Court to Comply with Pennsylvania Constitution [View all]

[JPZenger]

http://lehighvalleyramblings.blogspot.com/2013/05/ag-kane-judges-must-abide-by-mandatory.html

Our illustrious Chief Justice of the Supreme Court wants to run for another term. The only problem is that he will violate the voter-approved Pennsylvania State Constitution, which for several decades has specifically required that judges must retire from full-time service after they pass age 70.

Simple - get some other judges to file a challenge, and then rush jurisdiction directly to the Supreme Court for a quick decision before the next judge election. Woila - the Constitution doesn't apply to judges if the judges says it doesn't apply to them.

Fortunately, we have Attorney General Kane defending the Constitution.

Excerpt:

"Attorney General Kathleen Kane's Brief makes clear that if judges do win, it will be a naked exercise of power, not law, that wins the day.

Judges have essentially argued that the Constitution is in violation of the Constitution, and that's just ridiculous.

From her brief:

'There is no “super-constitution” that is immune from change by the people. Such an idea not only offends the most basic principle of American self government – that sovereignty resides in the people – but is inconsistent with Article I itself, which confirms the people’s “inalienable” and “indefeasible” right to “alter” or “reform” the government – “their” government, as Article I calls it – as they see fit. The Court has repeatedly rejected the “absurd” argument that the Constitution can violate itself, and it should do so again.' "


(FYI Judges who pass age 70 can continue to be called upon for various individual assignments as senior judges, but they don't earn as much pay).