A final preliminary issue Respondents raised was that Petitioners should have also sued the PA House of Representatives and the PA Senate chambers.
My Opinion. I agree with the PA Supreme Court's refusal to dismiss based upon the theory of political question. I believe when the Education Clause is spelled out in the PA Constitution it allows for judicial review. In addition, to separation of powers is the concept of checks and balances. The Commonwealth Court was correct to review actions taken by the General Assembly and the effects of those actions within the public school across the state.
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William Penn: Could Commonwealth Court decide whether or not the General Assembly is equitably funding public education?