Michael A. Nutter v. John Dougherty, et al. (Dissenting Opinion)

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[J-89-2007] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT MICHAEL A. NUTTER v. JOHN DOUGHERTY, DWIGHT EVANS, CHAKA FATTAH, JONATHAN SAIDEL, AND CITY OF PHILADELPHIA APPEAL OF: CHAKA FATTAH MICHAEL A. NUTTER v. JOHN DOUGHERTY, DWIGHT EVANS, CHAKA FATTAH AND CITY OF PHILADELPHIA APPEAL OF: CHAKA FATTAH MICHAEL A. NUTTER v. JOHN DOUGHERTY, DWIGHT EVANS, CHAKA FATTAH, JONATHAN SAIDEL, AND CITY OF PHILADELPHIA APPEAL OF: JOHN DOUGHERTY : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : No. 5 EAP 2007 Appeal from the Order of the Commonwealth Court entered on April 2, 2007 at No. 2304 CD 2006 Reversing the Order entered on December 13, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1516 April Term 2006 ARGUED: October 15, 2007 No. 6 EAP 2007 Appeal from the Order of the Commonwealth Court entered on April 2, 2007 at No. 2375 CD 2006 Reversing the Order entered on December 13, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1516 April Term 2006 ARGUED: October 15, 2007 No. 7 EAP 2007 Appeal from the Order of the Commonwealth Court entered on April 2, 2007 at No. 2304 CD 2006 Reversing the Order entered on December 13, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1516 April Term 2006 ARGUED: October 15, 2007 MICHAEL A. NUTTER v. JOHN DOUGHERTY, DWIGHT EVANS, CHAKA FATTAH AND JONATHAN SAIDEL APPEAL OF: JOHN DOUGHERTY MICHAEL A. NUTTER v. JOHN DOUGHERTY, DWIGHT EVANS, CHAKA FATTAH AND CITY OF PHILADELPHIA APPEAL OF: JOHN DOUGHERTY : : : : : : : : : : : : : : : : : : : : : : No. 8 EAP 2007 Appeal from the Order of the Commonwealth Court entered on April 2, 2007 at No. 2361 CD 2006 Reversing the Order entered on December 13, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1516 April Term 2006 ARGUED: October 15, 2007 No. 9 EAP 2007 Appeal from the Order of the Commonwealth Court entered on April 2, 2007 at No. 2375 CD 2006 Reversing the Order entered on December 13, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1516 April Term 2006 ARGUED: October 15, 2007 DISSENTING OPINION CHIEF JUSTICE CAPPY DECIDED: December 28, 2007 I respectfully dissent. I have no quibble with the manner in which the majority sets forth the law regarding the preemption doctrine. Like Judge Colins opined in the decision below, however, I disagree with the majority s application of the law in the circumstances of this case. See Nutter v. Dougherty, 921 A.2d 44, 67 (Pa. Commw. 2007) (Colins, J. concurring and dissenting). The majority opinion rests much of its conclusion on the silence of the General Assembly with regard to campaign contributions. Nevertheless, I conclude that silence in [J-89-2007] - 2 this case speaks volumes. As Judge Colins pointed out, the Legislature has addressed the field of campaign contributions comprehensively in the Election Code, 25 P.S. ยงยง 32413260b. See Nutter, 921 A.2d at 67-68. By not addressing limits on campaign contributions in these same provisions, the Legislature reflected its intent not to provide for such limitations. Furthermore, I share similar concerns to those raised by Judge Colins that the natural consequence of the majority s opinion today will be the balkanization of the Election Code, since any locality will be free to adopt its own campaign financing regulations. Id. at 68. An inconsistent approach with regard to campaign finance limits among the various local entities would lead to confusion in the campaign rules, and, more importantly, completely undermine the uniformity the Election Code seeks to promote. For these reasons, I must dissent. Mr. Justice Fitzgerald joins this dissenting opinion. [J-89-2007] - 3

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