First Judicial District of Pennsylvania Court of Common Pleas Trial Division building in downtown Philadelphia. April 9, 2018. Credit: Diego M. Radzinschi/ALM Pa. Justices Remand 'Mallory' to Trial Court, Registration Statute Uncertainty Expected to Linger
The Tuesday ruling shut down the defendants' bid for a fast-tracked examination of whether or not the consent by registration statute violates the U.S. Constitution's dormant Commerce Clause—a question that draws a concurring opinion from Justice Samuel Alito Jr. suggesting the statute may overly restrict interstate commerce.
August 30, 2023 at 04:08 PM
3 minute read
Lawyers hoping for more clarity on Pennsylvania's consent by registration statute are going to have to wait.
The Pennsylvania Supreme Court has declined, for now, to address questions the U.S. high court raised about the statute's constitutionality in its June Mallory v. Norfolk Southern Railway decision.
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