Larry Coben, shareholder at Anapol Weiss. Courtesy photo Our Courts Have Made Pennsylvania's Fair Share Act Fair
The notion that only a former legislator can provide the appropriate construct of an enactment begs the real question: should a court consider the legislative comments of the General Assembly while discussing the passage of a law when it is called upon to interpret the statute?
September 23, 2021 at 11:02 AM
7 minute read
On Aug. 13, former defense attorney Curtis Schroder, who now works for a business funded-legal reform group, wrote an opinion article in the Legal Intelligencer titled "10-Year Anniversary of Pa.'s Fair Share Act Marred by Continued Attacks." The tenor of this article was to assail members of our appellate judiciary, who are not permitted to respond to the ad hominem attacks on their well-written opinions detailing their jurisprudential construction of the Pennsylvania Fair Share Act. Because the Code of Judicial Conduct prevents our appellate judges from providing public comments about cases or controversies, I write as a volunteer to refute these inappropriate attacks upon our judiciary. [Parenthetically, I note that the Fair Share Act was championed by business associations and health care providers. See Chris Mondics, "Pennsylvania Trial Lawyers, Business Groups Square Off Over Lawsuit Reform," Phila. Inquirer, Apr. 19, 2011, at C1.]
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