Judicial Elections Hugely Important In Pennsylvania

Judicial Elections Hugely Important In Pennsylvania, forwarded from Leo Knepper of Citizens Alliance of Pennsylvania

By Gina Diorio

While next year’s U.S. Senate race and, to a lesser extent, gubernatorial race are capturing much of the political media’s attention, Pennsylvania has another statewide election in just a few months. On Nov. 2, voters will elect four judges to open seats on our three statewide appellate courts. 

Before moving to Pennsylvania, I lived almost all my life in Jersey, where the governor appoints judges. So when I realized some states elect their judges, I was befuddled. Then, when I learned Pennsylvania elects judges in partisan elections, I was dumbfounded. 

You might be thinking, who cares? Why do these races matter? I’m glad you asked. 

Pennsylvania has three statewide appellate courts: Supreme Court, Superior Court, and Commonwealth Court. Superior Court and Commonwealth Court are equal in ‘rank’, so to speak, but hear different types of cases. 

The 15-member Superior Court hears appeals in criminal and most civil cases. And the court’s rulings can have a major impact on individuals, local businesses, and more. 

For example, the Superior Court has ruled on “venue shopping,” the practice of allowing trial lawyers to cherry pick where they bring personal injury cases—regardless of where the alleged injury occurred—based on which court has a history of ordering big payouts. (Hello, Philadelphia.)

The Superior Court has also chimed in on whether workers can sue former employers for illnesses that appear long after they’ve left their jobs (another potential trial lawyers’ dream). 

The 9-member Commonwealth Court, meanwhile, hears cases relating to state and local government.

Last year, when businesses challenged Gov. Wolf COVID orders, some of these cases went to Commonwealth Court. When the League of Women Voters challenged our congressional map back in 2017, that lawsuit began in Commonwealth Court. And when my organization, Commonwealth Partners, challenged our state’s unbalanced budget, we filed the case in Commonwealth Court. 

Of course, our 7-member Supreme Court can overturn or sustain any ruling from the Superior or Commonwealth courts on appeal. However, it  can also take any case directly, regardless of its status in the lower courts. 

We saw this last year when the Supreme Court assumed jurisdiction over whether the General Assembly could terminate Wolf’s emergency disaster declaration without Wolf’s approval. As you’ll recall, the court ruled against the General Assembly—paving the way for the recently passed constitutional amendments reining in a governor’s emergency powers.

The Supreme Court assumed jurisdiction over whether the General Assembly could terminate Wolf’s emergency disaster declaration without Wolf’s approval.

Given that each judge in all three appellate courts is elected, the stakes and costs of judicial elections can quickly mount. 

In 2015, Pennsylvania set a record for the most expensive state judicial races in history to date, at more than $15 million. 

Spending was so high because three seats on our Supreme Court were up for election, and Democrats saw the chance to flip that court and have the final say over all the types of cases mentioned above—plus many more. 

Democrats succeeded, and as a result we’ve seen the court toss our congressional maps, change the voting rules just before last year’s election, and uphold Gov. Wolf’s business shutdown orders, to name just a few things. (For more on harmful Supreme Court rulings since 2015, check out Commonwealth Partners President and CEO Matt Brouillette’s recent op-ed.)

This year, voters will choose one Supreme Court justice, one Superior Court judge, and two Commonwealth Court judges. (In full disclosure, Commonwealth Partners, has endorsed candidates in each race.)

All these seats are currently held by Republicans. Democrats hope to expand their 5-2 majority on the Supreme Court, flip the Superior Court (which currently has an 8-7 Republican majority), and make inroads into the 7-2 Republican majority on the Commonwealth Court. 

Of course, seeking partisan gains for partisan ends is a barrier to an objective judiciary. Instead, we should seek judges who uphold the rule of law. 

So as November approaches, Pennsylvanians would do well to recognize that, despite their lack of excitement, judicial elections are critically important—and vote accordingly.

Gina Diorio is the Public Affairs Director at Commonwealth Partners Chamber of Entrepreneurs, an independent, non-partisan, 501(c)(6) membership organization dedicated to improving the economic environment and educational opportunities in Pennsylvania. www.thecommonwealthpartners.com.

Judicial Elections Hugely Important In Pennsylvania
Judicial Elections Hugely Important In Pennsylvania

Shapiro Lets Lawbreaker Pension Remain

Shapiro Lets Lawbreaker Pension Remain

By Leo Knepper

Last week, Representative Margo Davidson (D-164) submitted her letter of resignation to House Speaker Brian Cutler. She resigned due to criminal charges filed by Attorney General Josh Shapiro. The criminal charges Ms. Davidson faces are related to the misuse of campaign funds and legislative expenses. According to media reports, she received reimbursement for overnight stays in Harrisburg paid for by her campaign account (getting paid twice for the same expense). She also filed for reimbursement for nights she didn’t stay in Harrisburg (receiving money she wasn’t owed). Ms. Davidson, according to court documents, also asked witnesses to lie for her and cover up the criminal activity.

Shapiro Lets Lawbreaker Pension Remain
Protecting Democrats and other cronies

All the alleged criminal activity is a massive breach of public trust and clearly an abuse of her position as a Representative. However, she will likely not only keep her pension, but Davidson and her husband will also continue to be eligible for the taxpayer-funded health plan and long-term care insurance. 

You are probably wondering how on earth any government employee, let alone a Representative or Senator, convicted of crimes like these can still be a drain on taxpayers for the rest of their lives. Former-representative Davidson will likely receive the taxpayer-funded benefits because the crimes she will probably be convicted of don’t result in losing them. Enter Attorney General Josh Shapiro.

Shapiro, a Democrat, and an all-but-announced candidate for Governor charged Davidson with crimes that fall below the threshold for pension forfeiture. The criminal conviction must be related to a crime specified by the Public Pension Forfeiture Act 1978-140 and be over the severity threshold. According to an article by the Harrisburg Patriot-News:

“However, the second-degree misdemeanors of theft and hindering apprehension or prosecution misdemeanors of which Davidson is charged fall below the threshold of the crimes when the state’s pension forfeiture law applies...The House comptroller said the chamber’s policy on forfeiture of medical benefits aligns with the pension forfeiture law….” (Emphasis added)

Why did the Attorney General’s office and Josh Shapiro not pursue more serious charges? It seems like this is an open and shut case. Did Shapiro level less serious charges specifically to prevent Davidson from losing the pension and healthcare benefits? If he plans on running for Governor, the public has the right to find out the answers to this and other questions about Shapiro’s record.

Shapiro Lets Lawbreaker Pension Remain

Pennsylvanians Face Higher Electric Bills Thanks To Democrats

Pennsylvanians Face Higher Electric Bills Thanks To Democrats

By Leo Knepper

In February, the Independent Regulatory Review Commission (IRRC) requested that the Environmental Quality Board (EQB) delay joining the Regional Green House Gas Initiative (RGGI) for a year. On Tuesday, July 13, the EQB ignored that request and approved the RGGI regulation. As we’ve mentioned previously, this is an attempt by Governor Wolf and the Department of Environmental Protection (DEP) to sidestep the General Assembly. Joining RGGI will bring the Commonwealth into a regional cap-and-trade scheme, devastate a swath of the economy, and increase electric bills for every ratepayer in PA.

It is hard to overstate just how much damage joining RGGI will do to PA’s economy. In their statement on the EQB’s vote, the Power PA Jobs Alliance did an excellent job in summarizing some of the problems this will cause:

“RGGI will also preclude the construction of any new natural gas fired electric generation plants within the Commonwealth that could otherwise replace lost generation from the closure of older fossil fuel plants. In recent years, Pennsylvania union workers built more than a dozen major natural gas plants within the Commonwealth at a cost of over $14 billion. Under RGGI, these projects will no longer occur within Pennsylvania and, as we have already seen just from the threat of RGGI, Ohio and West Virginia are benefiting from billions of capital investment in existing coal and natural gas plants, but also new natural gas plants.”

Power PA Jobs also notes that three coal-fired power plants in Indiana and Armstrong Counties are responsible have a $2.87 billion impact on the economy. This impact includes hundreds of direct employees and thousands of associated jobs. Governor Wolf’s misguided attempt to remake the Pennsylvania economy as he sees fit will destroy the livelihoods of these people and their families.

The House and Senate are considering legislation to prevent the Governor from unilaterally entering RGGI. The Senate passed SB 119 with a veto-proof majority in June; it is awaiting action in the House. The legislation is currently assigned to the Environmental Resources and Energy Committee.

We urge you to email your House and Senate members and encourage them to support the legislation to stop the Governor. You can do that by clicking here and filling in your information.
Pennsylvanians Face Higher Electric Bills Thanks To Democrats
Pennsylvanians Face Higher Electric Bills Thanks To Democrats

Union Hates Charter Schools, Parents Love Them

Union Hates Charter Schools, Parents Love Them

By Leo Knepper

Public charter schools empower parents by giving them options for their children’s education. Because most charter school teachers decide against forming a union and provide competition for traditional public schools, teachers’ unions and their allies have made charter schools into a boogeyman. Since becoming Governor, Tom Wolf has been openly hostile to charter schools and attempted to reduce their funding at every turn.

Union Hates Charter Schools, Parents Love Them

On last week’s CAPitalist Cast, which you can find below, CAP CEO Leo Knepper had a chance to talk with Lenny McAllister about how charter schools are funded and how they’ve handled the challenges created by COVID 19. Mr. McAllister is the CEO of the Pennsylvania Coalition of Public Charter Schools. It was a fantastic opportunity to explore the role these schools play in educating the next generation of Pennsylvanians.

Mr. McAllister has written several opinion columns recently. We found some of the information they included fascinating. Below are excerpts and links to the articles. 

The first article from Mr. McAllister, co-authored by Amber Northern and published by the Daily Signal, details the funding myths pedaled by teachers’ unions and their political allies (emphasis added):

“Contrary to charter critics’ preferred narrative, total revenues per pupil increased in most states as the percentage of local students who enrolled in charter schools rose…Simply put, charter schools in Pennsylvania receive less money than district schools. For example, a recent study estimated that Pennsylvania charter schools received $12,175 per pupil, while traditional public schools would have received $17,989 for those same students

“According to University of Arkansas researchers, “The state funding formula for charter schools begins with the same amount of funding as a charter school’s home district, but then subtracts up to 21 categories of prior-year district expenditures,” resulting in a funding disparity that favors districts.

“In other words, the host districts get to keep the subtracted funds…districts were actually being paid more to educate fewer students.” 

On the subject of cyber-charters from GoErie (emphasis added):

A report showed that roughly one-fourth of the third through eighth grade cohort, including a disproportionate number of socioeconomically challenged students, did not take specific annual academic assessments.

In Pennsylvania, these issues have cropped up for months in school districts despite district officials telling lawmakers for years that they could provide online academic instruction better and cheaper than public cyber charter schools. The pandemic has proven otherwise — here at home and around America.

“In contrast, public cyber charter families didn’t miss a beat.

Pennsylvania’s cyber charters have been teaching online for more than 20 years. These schools know how to use technology to educate large numbers of students at home. As a result, thousands of families exercised their right under Pennsylvania law to choose a public cyber charter school for their children...The “blame game” has ramped up from school district officials and education unions. They complain that their money is lost to public charter schools — especially cyber charter schools. However, it’s not their money. It’s state funding allocated for education in Pennsylvania, regardless of where a student attends a public school.

Public charter schools are public schools – just like those in local school districts, but simply operating at roughly three-fourths of the cost.

On the importance of school choice to ensuring racial equality, from USA Today:

“Families who have chosen to enroll their children in public charter schools deserve to know with certainty that the new [Biden] administration understands, values and supports their choice. These 7,500 unique public schools educate about 3.3 million children across the USA, mostly from Black and brown families.

“These children have the ability to thrive in innovative public schools that best suit their needs for life, with teachers who look more like them and curriculum that is malleable to fit diverse backgrounds and learning preferences. These schools are effective at teaching our nation’s nuanced history and developing students not only with strong academic foundations but also with self-esteem and civic awareness.”

The USA Today article also profiles three outstanding examples of Black educators working to improve educational opportunities in the communities.

The best way to counter Governor Wolf’s narrative about education funding is to be armed with the facts.

Mr. Knepper is executive director of Citizens Alliance of Pennsylvania.

Union Hates Charter Schools, Parents Love Them

Protecting Livelihoods On Ballot May 18 In Pa

Protecting Livelihoods On Ballot May 18 In Pa

By Leo Knepper

Over the last year, Pennsylvanians have seen how unchecked power can impact every aspect of their daily lives. On May 18, voters will have an opportunity to ensure that checks and balances are added to the emergency declaration process. The primary election ballot will include two proposed constitutional amendments that will help protect lives and livelihoods in the future. 

Protecting Livelihoods On Ballot May 18 In Pa

The Department of State, controlled by the Governor, has done its best to make the proposed amendments as incomprehensible as possible in an attempt to confuse voters. In simple English, the proposed amendments are asking voters to answer two questions. First, should disaster emergencies declared by the Governor be limited to 21 days unless the General Assembly approves an extension? Second, should a majority of the House and Senate be able to vote to end a declared disaster emergency?

By voting “YES” on the proposed amendments, Pennsylvanianians will be restoring checks and balances to the emergency declaration process. Voters will also ensure that future governors can protect lives in a disaster but will have to work with the legislature to address longer-term problems. These proposed changes will also ensure that future Governors must be able to justify the decisions they are making in the name of safety.

Governor Wolf has shut down businesses and entire industries at random under his authority to declare a state of emergency. He claimed that his administration would “follow the science” to develop policies. Data obtained by the Commonwealth Partners clearly shows that that wasn’t the case. For example, only 2.6% of COVID positive patients said they attended or worked at a Pre-K or K-12 grade school in the 14 days before testing positive for the virus. Yet, many schools still are not holding in-person classes. 

On livelihoods, fewer than 3% of individuals reported visiting a restaurant in the 14 days before showing COVID-19 symptomsYet, Governor Wolf had issued drastic reductions in occupation limits and shut down indoor dining entirely on two separate occasions. 

Many locally-owned bars and restaurants have shut their doors forever due to the Governor’s go-it-alone approach, and countless children have suffered severe disruptions to their education. By voting yes to the proposed amendments on May 18th, Pennsylvanians will ensure that local communities, small businesses, and our children’s education will be protected in the future.

Mr. Knepper is executive director of Citizens Alliance of Pennsylvania.

Protecting Livelihoods On Ballot May 18 In Pa

Government Cares Not For Your Thoughts

Government Cares Not For Your Thoughts

By Leo Knepper

In recent polling, the Pew Research Center found that 71 percent of Americans believe that government officials DO NOT care about what they think. The vast majority of people that we hear from share that belief. The public points to outrageous salaries, healthcare paid for by taxpayers, and a revolving door between elected officials, lobbying jobs, and appointments to lucrative government jobs.

Government Cares Not For Your Thoughts

Pennsylvania is famous or infamous depending on your perspective regarding politicians “taking care of” friends and family at taxpayer expense. Most Boards and Authorities created by the legislature include seats to be filled by the “leadership” of the House, Senate, and the Governor. Many of those seats come with a high salary and little observable work. One example of a Board packed with former lawmakers is the PA Gaming Control Board (GCB). 

Of the seven Board members, three are former lawmakers. One of those lawmakers is former-Representative Frank Dermody (D-33), who lost his reelection bid in November. The fact that his salary went up to $145,000 probably gives Dermody some consolation. Former lawmakers aren’t the only ones to benefit from spots on the GCB.

Last week, we learned that Jake Corman (R-34), President pro tempore of the Senate, named Frances Regan to the GCB. Mrs. Regan is the wife of Senator Mike Regan (R-31). Between his Senate salary and her GCB salary, the Regan’s are now collecting over a quarter-million dollars per year in government salaries. When you consider that lawmakers only pay 2 percent of their annual salary for medical coverage, it paints an even worse picture. And, according to a 2019 news story, Senator Regan stayed in the lucrative legislative pension program (which is underfunded by $78 billion) instead of opting into a 401-k type plan. Finally, Mr. and Mrs. Regan will also be collecting two federal pensions on top of everything else due to their time working for the federal government. At what point is enough taxpayer money enough?

How likely is that out of 12 million Pennsylvanians, Mrs. Regan was the most qualified person in the state? It certainly looks like this is another case of politicians taking care of themselves and their friends at taxpayers’ expense.

Is it any wonder that the public believes that elected officials are only in it for themselves? With numbers like these, it’s hard to argue anything else in this case.

Government Cares Not For Your Thoughts

Wolf Income Tax Hike Would Reward The Corrupt

Wolf Income Tax Hike Would Reward The Corrupt

By Leo Knepper

Every year Pennsylvania’s Governor presents a “budget proposal” to the General Assembly. Governor Wolf’s budget addresses have typically included items that would be harmful to Pennsylvanians. For example, Wolf has requested a new extraction tax on natural gas producers every year. And every year, the General Assembly declines. They point to the impact fee that generates millions of dollars per year for the Treasury to justify their correct decision.

Wolf Income Tax Hike Would Reward The Corrupt
Worst governor? Tough competition but in the running.

Governor Wolf decided that simply recycling his standard bad ideas just wouldn’t cut it this year. Instead, he added a request for a massive personal income-tax increase. How large of a tax increase does he want? The Governor is asking the General Assembly to increase the personal income tax rate by 46 percent. He notes that Pennsylvania has a “structural deficit” and that his tax increase would increase education funding. (See, he’s doing it for the kids.)

Governor Wolf didn’t mention that the structural deficit was caused by chronic overspending by the General Assembly. Nor did he say that he made it worse due to his unilateral decision to shut down vast swaths of the Pennsylvania economy last year. It must have surprised him to learn that shuttered businesses wouldn’t provide the same level of tax payments as open ones. As a side note on educational funding, Pennsylvania spends over $20,000 per year per pupil and ranks ninth in the country for per-pupil spending.

The Governor also included a call for increasing Pennsylvania’s minimum wage to $15 per hour. We doubt that he has considered how many of the businesses who survived his shutdown can now afford higher labor costs.

It’s doubtful that the Republican-controlled General Assembly will go along with either proposal. It’s hard to rule it out entirely, though. Remember that Pennsylvania now has one of the country’s highest gasoline taxes thanks to a Republican Governor, Tom Corbett, and Republicans in the General Assembly. However, we don’t anticipate either the House or the Senate going along with much of Governor Wolf’s budget proposal. We’ll keep you informed as the budget process moves forward over the next few months.

For a more in-depth examination of the Governor’s budget proposal, watch the video below. CAP CEO Leo Knepper sat down with Carl Marrara, Vice President of Government Affairs for the Pennsylvania Manufacturer’s Association, to discuss the Governor’s budget address and its impact on the Commonwealth’s economy.

Mr. Knepper is executive director of Citizens Alliance of Pennsylvania.

Wolf Income Tax Hike Would Reward The Corrupt

Disaster Powers Limited By Amendments On May Ballot

Disaster Powers Limited By Amendments On May Ballot

By Leo Knepper

Last week the House and Senate each passed versions of a joint resolution to amend the Pennsylvania constitution. The House is expected to pass the Senate version this week and that will be a first step toward taking back PA. The proposed amendments aim to ensure that Governor Wolf and future Governors cannot abuse emergency declarations and govern unilaterally. To understand the importance of the proposed amendments, we should look at the current law and what transpired during the COVID-19 shutdown.

According to the PA Emergency Services Management Code, the Governor can declare a disaster emergency. That declaration can last up to 90 days. If, after 90 days, the disaster still exists, the Governor can renew the declaration as often as s/he sees fit until the disaster is over. There is a provision in the law indicating that the General Assembly can end the declaration via a concurrent resolution, and the Governor “shall” terminate the declaration; here is where things broke down.

In June, the General Assembly passed the concurrent resolution to end the disaster declaration. Governor Wolf argued, and the Supreme Court agreed, that the Governor could veto the resolution and keep the disaster declaration in place. That decision dramatically shifted the balance of power in favor of the Governor. The amendments under consideration correct that imbalance.

If adopted, the amendments would do two things. First, the disaster declarations would be limited to 21 days and require the General Assembly’s approval if the Governor wants to extend it. The second proposed change would clarify that the Governor cannot veto resolutions ending a disaster declaration.

Voters will decide in May whether or not to adopt the constitutional amendments. It shouldn’t come as any surprise that the Governor and most Democrats are opposed to these changes. Governor Wolf and his allies will likely spend millions of dollars in the lead up to May’s vote to defeat the proposals.

We have an opportunity to ensure that no future Governor can indefinitely shut down the economy again.

Mr. Knepper is executive director of Citizens Alliance of Pennsylvania. Visit here to donate to the CAP.

Disaster Powers Limited By Amendments On May Ballot
Disaster Powers Limited By Amendments On May Ballot

Pennsylvania Constitutional Amendments Considered

Pennsylvania Constitutional Amendments Considered — Leo Knepper of Citizens Alliance of Pennsylvania sent us the below discussion of proposed state constitutional amendments. They are aimed at limiting the use of emergency declarations by the governor and replacing state-wide elections of judges to the Supreme, Commonwealth and Superior courts, with election by district. This would weaken the power the corrupt Philadelphia and Pittsburgh machines have over the judiciary.

They are desperately needed as the governor and the state courts behaved more like those of a banana republic in the last year rather than one that respects rights.

Frankly, the entire Constitution should be rewritten.

“Full time” legislators ought to be replaced by part-time ones compensated solely by per diem with a term of no more than 20 days. Legislative districts should no longer be allowed to include a partial county. More than one county, yes. Partial counties no.

Pennsylvania Constitutional Amendments Considered
Pennsylvania Constitutional Amendments Considered

Wolf Expresses Half Right Ideas

Wolf Expresses Half Right Ideas

By Leo Knepper

With all of the chaos of the Iowa Caucuses, the Senate wrapping up its impeachment proceedings, and the State of the Union address, you might have missed Governor Wolf’s budget address last week. The budget address is similar to the State of the Union; it is mostly a piece of political theater.

In the speech, the Governor lays out the administration’s policy vision for the next year. Governor Wolf’s budget addresses have primarily contained the same bad ideas and half-truths every year. This year was no exception. The Governor is still insisting that the natural gas industry isn’t paying their “fair share.” It’s worth noting that the impact fee paid by the natural gas industry will likely generate close to $200 million in 2020, a decrease from 2019’s record-breaking numbers (due to lower natural gas prices). Governor Wolf also wants to reduce school choice options, increase the minimum wage, and increase public assistance in covering the cost of childcare. Ironically, raising minimum wage costs will have a ripple effect and make childcare even more expensive, and that would probably require even higher levels of public assistance.

In the midst of all of the terrible ideas, Governor Wolf did touch on two policy requests that he got at least half-right. First, Wolf suggested that Pennsylvania lower its corporate net income (CNI) tax rate. The Commonwealth has the second-highest CNI in the country, and it is often cited as a reason why businesses don’t locate or expand in Pennsylvania. He paired the tax rate reduction with some complicated changes to the tax code, called combined reporting that will make it more burdensome for businesses to file their taxes and end up increasing their tax bills in the state.

He requested the combined reporting change to make up for “lost revenue” from the lower tax rate. A better way to pay for the reduction in the tax rate is to eliminate the corporate welfare and targeted tax breaks offered by the Commonwealth to politically connected firms. This would create a level playing field and improve the overall business environment. Over time, a better climate would encourage new businesses and business expansion, and that would generate even more revenue for the treasury.

The Governor’s other good idea was tapping into the $250 million Race Horse Development Fund. The fund, replenished annually, is derived from Pennsylvania’s casinos and subsidizes the horse racing industry. One notable beneficiary was the multi-billionaire, Vice-President of the United Arab Emirates. There are quite a few other items that should have priority over subsidizing the sport of kings.

Governor Wolf is proposing to use the funds from the Race Horse Development Fund to create grants for students attending Pennsylvania’s state universities. Decreasing the cost of education is laudable, but a complete overhaul of the state’s universities would accomplish the same goal. And, while we’re at it, the universities should probably look at what percentage of the students’ tuition is going to education versus what is spent on administration and empire-building through the construction of new buildings, etc.

The House and Senate will be conducting budget hearings for the next couple of months. We will be sure to keep our readers informed of any notable developments.

Mr. Knepper is executive director of Citizens Alliance of Pennsylvania.

Wolf Expresses Half Right Ideas
Wolf Expresses Half Right Ideas