One possible outcome is that this gets kicked back to the PA Supreme Court where the case is forced to be taken on merits. It's actually requested as one of the possible preferred outcomes, and rubs me as one of the easier "outs" for SCOTUS to avoid stepping on states' rights.
Not the ideal result given ideological slants in the PA courts, but seems likely. It would mean the fight goes on, but still not on level turf.
Petitioners request this Court to extend the same preliminary injunctive relief
initially granted by the Commonwealth Court of Pennsylvania and to either strike
down Act 77 as an unconstitutional ultra vires act of the Pennsylvania General
Assembly pursuant to the Pennsylvania and U.S. Constitutions or remand to the
Pennsylvania Supreme Court for a determination of the question of the
constitutionality of Act 77 under the Pennsylvania Constitution so that this Court
may further determine the act’s validity under the U.S. Constitution.
One possible outcome is that this gets kicked back to the PA Supreme Court where the case is forced to be taken on merits. It's actually requested as one of the possible preferred outcomes, and rubs me as one of the easier "outs" for SCOTUS to avoid stepping on states' rights.
Not the ideal result given ideological slants in the PA courts, but seems likely. It would mean the fight goes on, but still not on level turf.