IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
MICHAEL CROSSEY, DWAYNE THOMAS, : No. 108 MM 2020
IRVIN WEINREICH, BRENDA WEINREICH,:
AND THE PENNSYLVANIA ALLIANCE FOR :
RETIRED AMERICANS, :
:
Petitioners :
:
:
v. :
:
:
KATHY BOOCKVAR, SECRETARY OF THE :
COMMONWEALTH, AND JESSICA :
MATHIS, DIRECTOR OF THE BUREAU OF :
ELECTION SERVICES AND NOTARIES, :
:
Respondents :
CONCURRING AND DISSENTING STATEMENT
CHIEF JUSTICE SAYLOR FILED: August 21, 2020
I join in the grant of intervenor status to the Pennsylvania legislative leaders.
I would, however, accord the same to the Republican Party of Pennsylvania, the
Republican National Committee, and the National Republican Congressional Committee.
These Committees present numerous reasons why they have particularized interests in
ensuring that Pennsylvania carries out free and fair elections in accordance with its validly
enacted election laws. For example, the Committees explain that they devote substantial
resources toward educating, mobilizing, assisting, and turning out voters and make
contributions and expenditures in support of Republican candidates.
I agree with the Republican Committees’ assertion that their present interests are
at least on the same order as those of Petitioner the Pennsylvania Alliance for Retired
Americans, which the Associated Press has reported is a “major Democratic political
group.” Jonathan Tamari, A Key Democratic Group Is Suing to Ease Pennsylvania’s
Vote-By-Mail Laws, THE PHILADELPHIA INQUIRER (Apr. 22, 2020) (adapted from Rick
Bowmer, Associated Press). Significantly, as well, the present lawsuit is reportedly
funded by “Priorities USA, the main super PAC supporting . . . presidential nominee Joe
Biden.” Id.
This litigation represents one of many high-stakes disputes between political
organizations with differing constituencies unfolding across the country. I respectfully
dissent to the associational interests of one side being represented to the exclusion of the
other.
Justice Mundy joins this concurring and dissenting statement.
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