– Legislation sponsored by Rep. Torren Ecker (R-Adams/Cumberland) and Rep. Paul Schemel (R-Franklin) to require that the General Assembly receive notification of cases challenging state statutes has been formally introduced. Currently, the Attorney General is the sole receiver of formal notice of lawsuits challenging the constitutionality of a state statute. The legislation also expands current law to allow either the House of Representatives or the Senate, or both, to choose to participate as parties in such lawsuits.
“Simply, what this legislation ensures is that the attorney general, an elected public official, is transparent about whether or not he will defend cases against state statutes that were passed by elected officials in the General Assembly,” said Ecker. “It is also paramount to our system of checks and balances that the General Assembly is allowed to participate in lawsuits challenging the constitutionality of state statutes passed by this very body.”
“Unquestionably, the legislative branch should have the ability to defend in court the laws which it passes,” Schemel added.
The package of legislation has been introduced as House Bill 1020
and House Bill 1021
Representative Torren Ecker
Pennsylvania House of Representatives
Media Contact: Alison Basley