Thursday, March 8, 2012



Justice Dickinson wrote majority opinion.  Issue turns on whether the courts can review whether the publication requirement was met.  Majority says the courts cannot review.  Here are some quotes from Dickinson's majority opinion:

At the outset, we wish to state that this case is not about whether the governor is above the law. He clearly is not, and any implication in the dissents, or elsewhere, that he is – or that a majority of this Court believes he is – is incorrect.  This case is about whether this Supreme Court has the right, authority, and power to declare itself superior to, and above, both the other two branches of government in all matters of constitutional compliance.

The contrasting views on these and other issues were forcefully and passionately argued in an array of briefs, dissents,  and  in an extended oral  argument.   But we need not discuss these issues because, even assuming the attorney general’s views are correct, the controlling issue is not whether Section 124 requires applicants for pardons to publish notice –  it  clearly does.   The   controlling  issue  is whether  the  judicial branch of government has   constitutional author ity   to  void a  fac ially -valid pardon  issued by   the coequal  executive branch, where   the  only   challenge   is  compliance  with Section 124's publication requirement. (Emphasis in original)

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