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Posted by on Sep 10, 2016 in Civil, Constitutional Provisions, Family Law | 0 comments

D.P. v. G.J.P.: Mere separation of parents is insufficient grounds to give grandparents standing to force custody dispute

The fourteenth amendment’s due process clause requires “that the custody, care and nurture of the child reside first in the parents,” (quoting Prince v. Mass, 321 U.S. 158, 166 (1944)), and giving third parties–including grandparents–standing to initiate a custody battle before the courts invokes strict scrutiny. 23 Pa.C.S. § 5322 previously purported to give such standing to grandparents and great-grandparents when the parents had been separated for six months or more, presumably on the basis that such separation made the parents less fit and should open their right of custody to court supervision if questioned by close family members. But our Supreme Court ruled yesterday in D.P. v. GJP that such separation alone is an insufficient basis to overcome parental constitutional rights.

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Posted by on Sep 2, 2016 in Civil, Constitutional Provisions, Elections | 0 comments

Cortes v. Sprague: Ambiguous Ballot Question Splits the Court

Pennsylvania’s courts have been the site of an unusual amount of unfolding drama this year, from the sordid tale of Bill Cosby’s fall from grace to the strange fight over taped depositions that turned into a question of SCOPA quorums in Dougherty v. Heller. But Friday’s ruling that an ambiguous ballot question does not violate the Pennsylvania Constitution has been one of the most bitterly lamented of the year.

For the past two years, the General Assembly has been moving through the slow and methodical process of voting and re-voting for a Constitutional amendment to raise the mandatory retirement age of judges from 70 to 75. The question finally qualified to go to the voters of the Commonwealth. But the timing could not be much worse. The vote will come against a partisan backdrop in which Democrats have been winning big in judicial elections of late, and Chief Justice Saylor, the second to last Republican on the Court, turns 70 in December, and will be forced to retire if the amendment is not passed.

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