Joseph B. Scarnati, Senator and President pro tempore of the Senate of Pennsylvania v. Tom Wolf, Governor of Pennsylvania

Summary

The Pennsylvania Commonwealth Court considers a challenge by state senators to Governor Tom Wolf's predecessor's partial disapproval of provisions in the 2014 General Appropriations Act and Fiscal Code Amendments. The court addresses legislative standing, the constitutional procedure for returning a veto after legislative adjournment, public-proclamation notice requirements, and the Governor's authority to exercise line-item vetoes in related legislation. In the provided text, the court denies the respondents' preliminary objections and the senators' application for partial summary relief.

Holdings

1. The senator-petitioners sufficiently alleged a substantial, direct, and immediate legislative interest because the challenged veto process allegedly interfered with the legislative enactment process, nullified their votes, and affected appropriations under their official control.
2. A temporary, mid-session adjournment of the General Assembly can prevent the Governor from returning a bill with objections to the originating chamber, but the record did not establish as a matter of law that the General Assembly, as opposed to only the House, had adjourned in a constitutionally relevant manner when the Governor returned the bills.
3. Assuming public proclamation was required, the Governor's timely press release issued by his office and made available on the Commonwealth's website satisfied Article IV, Section 15's notice requirement.
4. The 2014 Fiscal Code Amendments constituted a bill making appropriations of money, embracing distinct items, within Article IV, Section 16, and the Governor therefore had authority to disapprove individual appropriation provisions in that legislation.

Questions Presented

1. Whether the senator-petitioners had legislative standing to challenge the Governor's veto-return process and line-item vetoes.
2. Whether the temporary adjournments of the House and Senate prevented the Governor from returning the bills with objections under Article IV, Section 15 of the Pennsylvania Constitution, thereby requiring filing with the Secretary of the Commonwealth and notice by public proclamation.
3. If public proclamation was required, whether the Governor's press release available on the Commonwealth's website satisfied that constitutional notice requirement.
4. Whether the 2014 Fiscal Code Amendments constituted a bill making appropriations of money, embracing distinct items, subject to the Governor's line-item veto authority under Article IV, Section 16.
5. Whether petitioners were entitled to partial summary relief on their claims that the Governor's line-item vetoes were unconstitutional.

Disposition

other