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To: the tongue; libertylover

To elaborate just a bit. Cappy is the Chief Justice. As "mak5" pointed out in post #19, Cappy was behind the scenes advocating for the pay raise bill, because it would increase the salaries of judges, too. They made the whole thing non-severable, so if the PA Supreme Court found one part of the pay-raise bill unconstitutional, the whole law had to go. Thus, kill the legislators' pay raise, kill your own pay raise (from the perspective of a Supreme Court jurist).

The PA Supreme Court has long allowed the legislature to get away with unconstitutional actions like the pay-raise bill. There is a provision in the PA constitution that says that legislators cannot receive a pay raise during the term which they are currently serving. But the pay-raise bill did just that, through a sleight-of-hand called "unvouchered expenses".

The PA Supreme Court has previously found constitutional "unvouchered expenses" as a way to subvert the constitutional prohibition on midterm pay raises. Nigro was one of the judges who agreed with that ridiculous notion. And he paid the price.

Cappy doesn't come up for a retention vote until 2009, so we took care of his coconspirator Nigro.

And it feels darn good!


42 posted on 11/09/2005 6:46:14 AM PST by freedomcrusader (Proudly wearing the politically incorrect label "crusader" since 1/29/2001)
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To: freedomcrusader

Oh, and Cappy even called the pay-raise bill "an act of courage". The arrogance of him, other justices, and just about the entire leadership of the PA legislature brought everything to boiling point.


43 posted on 11/09/2005 6:47:28 AM PST by freedomcrusader (Proudly wearing the politically incorrect label "crusader" since 1/29/2001)
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