Separation of Powers in Pennsylvania: The Judiciary’s Prevention of Legislative Encroachment

Duquesne Law Review Vol 32, No. 3, Article 6 1994 John M. Mulchey By JB The following article from the Duke University Law Review explains how and why our Pennsylvania Supreme Court is more powerful than most other states’ supreme courts. The cases and the way our Supreme Court has interpreted its powers are explained through the Court’s interpretation of…

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Newsletter #3, July 2021

Warm greetings from the PARSOL Board of Directors. Thank you for having a look at our Summer 2021 Newsletter.  Since our last newsletter in February, we have been busy advocating for the dignity of Pennsylvanians who are forced to register as well as educating policy makers on the ways that we can reduce sexual offenses. We have also kept a…

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A legal argument against PA’s registry explained

Irrebuttable Presumption in Pennsylvania In Pennsylvania, there are two types of constitutional challenges to a statute: facial and as applied. An as-applied attack on a statute is a limited attack. “It does not contend that a law is unconstitutional as written, but that its application to a particular person under particular circumstances deprives that person of a constitutional right” (Com.…

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Newsletter #2, February 2021

Greetings to our supporters around the Commonwealth. I hope that the winter has treated you well and that you are enjoying the passing of the seasons. It has been six months since we last sent a Newsletter. During that time, we at PARSOL have seen encouraging expansion and have continued to do our best to advance our Mission: A PA…

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Legal challenge to strike down PA’s Registry given a green light

Commonwealth v. Torsilieri Update 1/15/21 The fate of the public sex offender registry in PA will be determined sometime this year or next. Either defendant Torsilieri’s challenge will again reach the Supreme Court of PA, or the Commonwealth will be able to convince lower judges of their argument. (For a history of this momentous case and its significant delay, please…

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PA Supreme Court’s Backwards Ruling in Lacombe and Witmayer

The Supreme Court of Pennsylvania (SCOPA) heard oral arguments in a consolidated case of Mr. Claude Lacombe and Mr. Michael Witmayer in November of 2019 challenging the constitutionality of Subchapter I of PA’s Sex Offender Registration and Notification Act (SORNA). SCOPA ruled Subchapter I is “non-punitive and does not violate the constitutional prohibition against ex post facto laws”. This is…

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