Foster v. Commonwealth

Dissenting Opinion bt

Judge MacPhail:

I respectfully dissent.

I see no need for a remand since, as the majority notes, the heavy burden is upon the Claimant to prove the statute unconstitutional. Clearly, that burden has not been carried. Although I have substantial sympathy for the Claimant, his remedy must be with the Legislature and not with the courts.

I would affirm the adjudication of the Department of Public Welfare.

Judge Wilkinson, Jr. joins in this dissent.