| Top Ten Reasons to VOTE NO on November 6 |
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Reason #3: Anatomy of a Sham (or Two, or Three...)
"The retention system was not designed for use by
those with a political agenda. On the contrary,
retention was designed as a nonpolitical merit system
to allow voters to keep or reject judges individually,
based solely on each judge's record after a full term in
office." - Supreme Court Justice
Cynthia Baldwin
Justice Baldwin is not the only person to infer that
PACleanSweep has wrongly turned this year's
retention contests into political battles. Although we do
not believe this to be true, as the Constitution is not a
political matter, we do believe someone ought to call
Supreme Court Justice Thomas Saylor and give him
the message about leaving politics out of the equation.
PACleanSweep was forwarded the following invitation
on October 18th:
If retentions shouldn't be political, why is Tom Saylor
participating in this event? Perhaps the
whole 'retentions should be non-political' line is a
sham. This would not be the first time Saylor
has participated in a sham.
In November of 2003, Saylor wrote the Court's majority
opinion in City of Philadelphia v.
Commonwealth, in
which he basically opined that one of the duties of the
Court is to make sure the General Assembly adheres
to Article III of the Constitution. Article III details exactly
how new laws must be passed and guarantees a
deliberative legislative process for every
Pennsylvanian.
Just eighteen months later, Saylor did an about face
by participating in the unanimous opinion on
Pennsylvanians Against Gambling Expansion v.
Commonwealth (PAGE), a ruling which held that
the
plain language of Article III is utterly meaningless and
that "gut-and-run" legislation is perfectly acceptable.
That decision foisted slots parlors upon the people of
Philadelphia without allowing them any say on where
those slots parlors would be located. As a result,
Philadelphia stands as the only place in the world
where
gambling casinos will be located in residential
neighborhoods.
The eventual opinion of the Court on the judicial pay
raise was steeped in "logic" borrowed from the PAGE
case.
Saylor's claim to fame in the pay raise case is that he
was the
lone dissenter. Unfortunately, he only dissented on a
technical point of law and refused to oppose his
colleagues on the pertinent Article III issues.
Saylor's treatment of Article III since November 2003
and his dissent on the pay raise decision is the
judicial equivalent of a shopkeeper who holds a
one-third off sale - after he marks up all his prices
by 50
percent. The people of Pennsylvania are entitled to
far better than what Saylor has done.
A review of the above referenced invitation to an
oh-so-political gathering for a retention candidate
reveals a
few more shams.
Dr. Jim Broussard, chairman of Citizens Against
Higher Taxes, was the sender of the invitation.
Campaign finance records reveal that Citizens Against
Higher Taxes contributed to the campaigns of
payjackers Senate Majority Leader David "Chip"
Brightbill and Representative Pete Zug after the
pay
raise of July 2005. Sham.
The invitation claims that Saylor is the "most
conservative member of the Pennsylvania Supreme
Court." We do not believe a
self-respecting "conservative" member of the Court -
or a
self-respecting "liberal" member, for that matter -
would allow any portion of the Constitution to be utterly
trampled by the General Assembly. Sham.
It claims that "Governor Ed Rendell would appoint a
liberal Democrat to fill the vacancy." This
Republican-establishment scare tactic completely
discounts the
role of the Republican-dominated Senate in the
appointment process. Every temporary appointee
must be confirmed by a two-thirds vote of the Senate.
Sham.
The invitation lists Representative RoseMarie
Swanger as a member of the event's "Host
Committee." A quick call to Representative Swanger -
a PACleanSweep-supported candidate who defeated
Pete Zug in the 2006 primary - revealed that she does
not recall being asked to serve in such a capacity and
will not even be attending the event. Sham.
Saylor on Article III? Sham. Saylor's dissent on
the pay
raise case? Sham. Retentions as non-political
events? Sham. Liberal bogeymen under the
bed?
Sham. Citizens Against Higher Taxes?
Sham.
Pennsylvania deserves better and can get something
better by voting NO on November 6th.
Top Ten Reasons to Vote 'NO'
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Citizens' To Do List
Permission is hereby granted to reproduce text from
this article with attribution to PACleanSweep.
About PACleanSweep
PACleanSweep is a non-partisan effort dedicated to
reforming state government in Pennsylvania. For
more information, please visit
www.PACleanSweep.com.
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