It appears that this news report is in error. The question is one that ONLY the Pennsylvania Supreme court can answer, and as of this moment it has not answered it.1-30-2010 Pennsylvania:
In another news report, they got it right, the 3rd Circuit Court of Appeals is asking the Pennsylvania Supreme court to render a decision on the OPEN State question: Does state law pre-empt local ordinances under the state constitution?
After the Pennsylvania Supreme court answers that question, then the 3rd circuit can finish the appeal of the federal questions rendered by the federal district court..
Note-1: The Pennsylvania Supreme court would not be reviewing the federal district court opinion. Effectively, the 3rd circuit has certified a question to the State Supreme court, a state question that needs to be answered before continuing federally.
Note-2: In Kentucky their AG asked the US Supreme court to review a decision of the Kentucky Suprme court, but only AFTER the Kentucky Supreme court rendered a decision, NOT BEFORE! See this discussion -on court procedure-, the example they cite as to Florida law on a totally different issue. In addition, Pennsylvania Supreme court order -and- Certified Questions Procedure.
PITTSBURGH (AP) ― A federal court appeals court has asked the U.S. Supreme Court to review a western Pennsylvania county ordinance that limits where registered sex offenders may live.
Should be the Pennsylvania Supreme Court
The 3rd U.S. Circuit Court of Appeals wants the high court to determine whether Pennsylvania's Megan's Law — which requires some sexual predators to register with police — pre-empts the county ordinance.
A federal judge in Pittsburgh last year struck down the Allegheny County ordinance, saying the statewide law invalidates it.
The ordinance aims to ban sex offenders from living within 2,500 feet of schools, licensed child care facilities, community centers and public parks. The American Civil Liberties Union says sex offenders would have virtually no place to live in the county under the ordinance. ..Source.. LDNews
1 comment:
It goes to the US supreme court cause the case originated in the local FEDERAL district court. The Penn Supreme court cannot review a Federal District Court decision. I know the issue is about state law but the question is "Under the FEDERAL constitution does the State Law preempt the local ordenace?"
It goes to the United States Supreme Court, which won't hear it so the Federal 3rd Circuit will issue an opinion at some point.
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