Case History

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• Remand to Commonwealth Court of Pennsylvania
  • These are the most current documents. Trial was held in Commonwealth Court starting November 12, 2021 and concluding with closing arguments on March 10, 2022. The court ruled that Pennsylvania’s public school funding system violated the state constitution on February 7, 2023.
• Supreme Court of Pennsylvania
• Commonwealth Court of Pennsylvania

Remand to Commonwealth Court of Pennsylvania

• Order Directing Respondents to File Answer to Petition for Review
• Respondents (Scarnati): Application to Dismiss and Brief in Support of Application to Dismiss
• Respondents (Legislative Branch): Application for Relief
• Order Permitting Supplemental Briefings
• Respondents (Scarnati): Supplemental Brief in Support of Preliminary Objections
• Respondents (Turzai): Supplemental Brief in Support of Preliminary Objections
• Respondents (Executive Branch): Supplemental Brief on Preliminary Objections
• Petitioners’ Opposition to Respondents’ Supplemental Briefs in Support of Preliminary Objections
• Petitioners’ Opposition to Respondent Scarnati’s Mootness Application
• Respondents (Scarnati): Reply to Petitioners’ Opposition to Application in the Nature of a Motion to Dismiss for Mootness
• Respondents: State Board of Education Response to Application for Relief
• Respondents: Executive Respondents’ Brief in Response to Respondent Scarnati’s Mootness Application
• Respondents (Scarnati): Application for Decision of the Application In the Nature of a Motion to Dismiss for Mootness
• Petitioners’ Response to the Application for Decision of the Application In the Nature of a Motion to Dismiss for Mootness
• Respondents (Scarnati): Reply to Petitioners’ Answer to Application for a Decision of the Application In the Nature of a Motion to Dismiss for Mootness
• Order Denying Motion to Dismiss for Mootness
• Scheduling Order
• Order Granting Extension of Time to File
• May 28 2020 Order Granting Extension of Time to File
• Memorandum Opinion on Written Discovery to Speaker Cutler
• April 1 2021 Order Granting Extension of Time to File and Setting Tentative Trial Date
• Scheduling Order Setting Trial Start Date for September 9, 2021
• Memorandum Opinion Allowing Inclusion of Evidence on Racial Disparities
• Scheduling Order Setting Trial Start Date for October 12, 2021
• Scheduling Order Setting Trial Start Date for November 12, 2021
• Petitioners’ Proposed Findings of Fact and Conclusions of Law
• Legislative Respondents’ Proposed Findings of Fact and Conclusions of Law
• Amicus Brief in Support of Petitioners – Attorney General Josh Shapiro
• Amicus Brief in Support of Petitioners – Law professors
• Amicus Brief in Support of Petitioners – Organizations serving children and youth
• Amicus Brief in Support of Petitioners – Business leaders and higher education leaders
• Amicus Brief in Support of Petitioners – Philadelphia Federation of Teachers & American Federation of Teachers
• Amicus Brief in Support of Petitioners – Pennsylvania State Education Association
• Amicus Brief in Support of Respondents – Commonwealth Foundation
• Petitioners’ Post-Trial Brief
• Senator Corman’s Post-Trial Brief
• Speaker Cutler’s Post-Trial Brief
• Executive Respondents’ Post-Trial Brief
• State Board of Education Post-Trial Brief
• Petitioners’ Omnibus Reply Brief
• Unopposed Application for Leave to Intervene of Hon. Bryan Cutler, Leader of the Republican Caucus of the PA House of Representatives
• Opinion Finding that Pennsylvania’s Public School Funding System is Unconstitutional
• Order Granting Leader Cutler’s Application for Intervention
• Legislative Respondents’ Joint Motion for Post-Trial Relief
• Petitioners’ Answer to Legislative Respondents’ Joint Motion for Post-Trial Relief
• Leader Cutler’s Brief in Support of Motion for Post-Trial Relief
• Senator Ward’s Brief in Support of Motion for Post-Trial Relief
• Petitioners’ Brief in Opposition to Legislative Respondents’ Motion for Post-Trial Relief
• Amicus Brief in Support of Petitioners – Pennsylvania League of Urban Schools
• Executive Respondents’ Brief in Opposition to Legislative Respondents’ Motion for Post-Trial Relief
• Memorandum Opinion Denying Motion for Post-Trial Relief

Supreme Court of Pennsylvania

• Brief of Appellants
• Amicus Brief in Support of the Appellants–Consortium for Public Education
• Amicus Brief in Support of the Appellants–PCCY et al.
• Amicus Brief in Support of the Appellants–Law School Professors
• Amicus Brief in Support of the Appellants–Philadelphia Federation of Teachers and American Federation of Teachers
• Respondents (Executive Branch): Brief of Appellees
• Respondents (Legislative Branch): Brief of Appellees
• Reply Brief of Appellants
• Amicus Brief in Support of the Appellants–City of Philadelphia
• Opinion
• Concurring Opinion (Dougherty)
• Dissenting Opinion (Saylor)
• Dissenting Opinion (Baer)

Commonwealth Court of Pennsylvania

• Complaint
• Press Release
• Respondents (Executive Branch): Preliminary Objections
• Respondents (Legislative Branch): Preliminary Objections 
• Respondents (Legislative Branch): Proposed Order
• Petitioners: Answer to Executive Branch Preliminary Objections
• Petitioners: Answer to Legislative Branch Preliminary Objections
• Scheduling Order for Briefing Preliminary Objections
• Respondents (Executive Branch): Brief in Support of Preliminary Objections
• Respondents (Legislative Branch): Brief in Support of Preliminary Objections
• Respondents (Legislative Branch): Answer to Application for Leave to Intervene
• Respondents (Legislative Branch): Memorandum of Law in Opposition to Application for Leave to Intervene
• Application for Automatic Substitution of Parties
• Order Denying Application to Intervene
• Petitioners: Brief in Opposition to Respondents’ Preliminary Objections
• Amicus Brief in Support of the Petitioners–Consortium for Public Education
• Amicus Brief in Support of the Petitioners–Philadelphia Federation of Teachers and American Federation of Teachers
• Amicus Brief in Support of the Petitioners–Law School Professors
• Amicus Brief in Support of the Petitioners–PCCY et al.
• Respondents (Legislative Branch): Reply Brief in Support of Preliminary Objections
• Commonwealth Court Order
• Notice of Appeal
• Jurisdictional Statement
• Commonwealth Court Opinion Overruling Preliminary Objections and Deferring Ruling on the Application for Dismissal