Buried in the Pennsylvania Supreme Court’s latest deadlock on a question in litigation over the constitutional amendment to change the mandatory judicial retirement age, beyond the detailed review of the layered lawsuit and the careful reasoning spread through four separate opinions, lay a dispute over the influence of “public opinion” on the justices’ decisions.
In an opinion supporting reversal of the Commonwealth Court’s ruling in Sprague v. CortÉs, Justice David Wecht said his concerns about the public’s ability to fully understand the meaning of the ballot question were shared by many others. In doing so, he referenced “numerous commentators,” including editorials published in The Legal and the Philadelphia Daily News, to demonstrate the significant public interest in the issue.
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