IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
M.D. Appeal Dkt.
103 MAP 2016
SCOTT R. BLAKE, : No. 208 MAL 2016
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
v. :
:
:
STATE CIVIL SERVICE COMMISSION, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 13th day of October, 2016, the Petition for Allowance of Appeal
is GRANTED. The issues, as stated by Petitioner, are:
a. Whether the Commonwealth Court erred in its analysis under this
Court’s decisions and accepted judicial practices relating to
statutory construction when it construed the intent of the General
Assembly by using terms from federal legislation despite express
language in the Pennsylvania statute that the Pennsylvania statute
is the exclusive law to be applied when granting veterans’
preference, when Commonwealth Court construed a term not
applicable to the case before it and analyzed legislative intent
utilizing the wrong date that the term was added to the
Pennsylvania legislation, and when Commonwealth Court quoted
the language of the federal statute incorrectly and then used that
erroneous language to determine legislative intent?
b. Whether the Commonwealth Court erred when it determined that
prior Pennsylvania Supreme Court cases requiring a reasonable
relation between military training and service, which is the basis for
awarding veterans’ preference, and the preference awarded to
soldiers in selection for employment in public positions in the
Commonwealth, are limited to facial challenges to veterans’
preference and do not apply to as-applied challenges to veterans’
preference?