The separation of powers, and where legislative authority stops and the court’s begins, were central to arguments Thursday over a lawsuit by Philadelphia’s elected prosecutor challenging the state Legislature’s attempt to remove him from office.
HARRISBURG — The separation of powers, and where legislative authority stops and the court’s begins, were central to arguments in court Thursday over a lawsuit by Philadelphia’s elected prosecutor challenging the state Legislature’s attempt to remove him from office.
Krasner, who was overwhelmingly reelected by Philadelphia voters last year, has not been charged with a crime or been sanctioned by a court. He has dismissed the House’s Nov. 16 vote to impeach him as taking aim at his ideas, a notion Democratic Judge Ellen Ceisler echoed during Thursday’s entirely virtual proceedings.
Judge Patricia McCullough, a Republican, suggested that precedent prevents the court from stepping into the goings-on of the Legislature. “Is that not solely within the authority of the Supreme Court to decide and is not the House in charging this, and the Senate trying that, ostensibly violating that separation of power by delving into something that’s reserved for the courts?” Wojcik asked. “Is it not our role to protect the court’s position and authority in that regard?”
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