January
Mark Belko, Tax Increases not a Substitute for a Countywide Property Reassessment, Pittsburgh School District Argues, Pittsburgh Post-Gazette (Jan. 9, 2025), Mark Belko writes that the Pittsburgh School District is arguing that the current Allegheny County property assessment system violates constitutional principles, particularly under the state’s Uniformity and Equal Protection clauses. The school district contends that chronic understaffing, budget deficits, and reliance on tax increases are unsustainable solutions to the inequitable tax system, asserting that a countywide reassessment is the only constitutionally adequate remedy. The school district has filed a lawsuit seeking to compel reassessment.
Eugene Gibilaro, State Tax Policy – The Fine Line Between Delegation and Abdication, JD Supra (Blog) (Jan. 24, 2025), Eugene Gibilaro writes that the Pennsylvania General Assembly is permitted to delegate authority to administrative agencies, such as the Department of Revenue, but must establish clear policy choices and provide sufficient standards to guide and limit that authority. The Commonwealth Court recently applied the nondelegation doctrine in East Coast Vapor LLC v. Department of Revenue, where it struck down portions of the Tobacco Products Tax Act because the Act unconstitutionally delegated legislative authority by failing to specify what information the Department could require from manufacturers seeking licenses. Gibilaro writes that the court’s decision reinforced the principle that while the legislature may delegate authority, it cannot abdicate its responsibility to set meaningful standards.
February
Michael Hensley, PA Supreme Court to Hear GOA’s, GOF’s Challenge to Philadelphia’s Unconstitutional Private Firearm Manufacturing Ban, States News Service (Feb. 19, 2025), Michael Hensley writes that the Pennsylvania Supreme Court has decided to hear a challenge by Gun Owners of America (GOA) and Gun Owners Foundation (GOF) against Philadelphia’s ban on private firearm manufacturing. GOA argues that the ordinance, which prohibits individuals from making firearms using methods like 3D printing, violates Pennsylvania’s preemption statute – the Uniform Firearms Act – which grants the state legislature exclusive authority to regulate firearms. Additionally, GOA and GOF claim that the ban infringes on Article I, Section 21 of the Pennsylvania Constitution, which protects the right to bear arms. Hensley writes that the lawsuit seeks to overturn the Commonwealth Court’s ruling that upheld the ordinance, emphasizing concerns over local overreach and the broader implications for gun rights in Pennsylvania.
April
Peter Hall, Federal Judge Rules Pa. Ballot Dating Rule Violates Constitutional Right to Political Expression, Pennsylvania Capital-Star (April 1, 2025), Hall writes that United States District Judge Susan Baxter has ruled that Pennsylvania’s requirement for voters to write the date on mail-in ballots infringes on the constitutional right to free expression under the First Amendment. Judge Baxter found that the slight burden on voting rights cannot withstand constitutional scrutiny because there is no evidence the date requirement serves any state interest. Hall writes that Judge Baxter’s ruling joins a web of state court decisions that have so far failed to resolve whether the rule violates the Pennsylvania Constitution.
Eric Scicchitano, Bill Seeking to Limit ‘Acting’ Cabinet Heads Clears Pa. Senate in Split Vote, The Tribune-Democrat (Johnstown, PA) (April 2, 2025), Scicchitano writes that the Pennsylvania Senate is split along party lines in approving a proposed bill that would restrict how long cabinet officials could lead state agencies in an “acting” role and without formal confirmation. The Pennsylvania Constitution requires that the state Senate confirm department secretaries by at least a two-thirds vote to its fifty members.
May