Two rulings illustrate that elections matter
Turnout in last November’s general election, which had no gubernatorial or presidential contest atop the marquee, was pitifully low, with most registered voters in Pennsylvania staying away from the polls because they had other things to do, or they decided municipal and judicial races were too trivial or dull to follow.
Lest we sound like a scolding schoolmarm, who wins or loses these contests can have a tangible impact on our everyday lives, pocketbooks and the health and vitality of our communities. That was certainly demonstrated through two recent rulings by the Pennsylvania Supreme Court.
After a year dominated by the bombast and twists of the presidential election, it’s easy to forget that, a little more than 300 days ago, the small cadre of Pennsylvanians who went to the polls transformed the ideological makeup of the commonwealth’s highest court, electing Democrats David Wecht, Christine Donohue and Kevin Dougherty to three open seats, giving Democrats a 5-2 majority. The newly progressive bent of the court became evident in a ruling last week that cut out parts of Act 13, the oil and gas drilling law, that had raised the ire of environmentalists and some residents where drilling is taking place.
The justices ruled – we think astutely – that portions of Act 13 were crafted for the specific benefit of the industry.
Specifically, the court cited the shameful gag order that prevented physicians from obtaining information about chemicals used in the hydraulic fracturing process that could harm their patients.
Also, the court took its red pen and crossed out the provision of Act 13 that allowed drilling companies to take private subsurface property through eminent domain; struck down another provision that allowed the Public Utility Commission to review local ordinances and withhold impact-fee money from communities that restrict drilling; and said no to a provision that allowed public water suppliers to be notified of spills and leaks but not private well owners.
This follows earlier decisions against parts of Act 13 that were spearheaded by municipalities in Washington County. David Ball, a councilman in Peters Township, described the latest ruling to the Observer-Reporter’s David Singer as “a victory for every Pennsylvanian … This completes the picture, from zoning to water to allowing doctors to treat their patients without worry, it’s finally done, because the original law was complete legislative overreach.”
The court’s ruling on Act 13 was quickly followed by another, more complicated opinion that could strip communities of local share money that comes from gambling.
The Supreme Court said, in response to a suit brought by Mount Airy Casino Resort in the Poconos, the municipal tax levied on slot machines is unconstitutional because different rates are applied to the casinos in the state based on size.
This could put the local-share money that flows to all communities in Washington County from The Meadows Racetrack & Casino in jeopardy, as well as the dollars that pour into the coffers of North Strabane Township, The Meadows’ host community. It will be up to the Legislature to fix the law, and there are concerns that a remedy could be stymied amid fights over whether to expand gambling.
It’s hard to say if a different court with a different ideological composition would have come down differently when it comes to the gambling tax. But these two rulings nevertheless make it plain without any doubt: elections matter.
Even ones that don’t dominate cable news and feature a strangely coiffed New York real estate developer.