Reply To: AWA Loses in Pennsylvania’s Highest Court

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terry brunson

Vested rights doctrine protects someone who has won a legal decision from a legislature seeking to overturn the decision. The (MUNIZ- decision) is what the PASC gave us. PA Assembly wants to rob pre-SORNA people of this vested right under MUNIZ.

The “vested rights” doctrine safeguards the separation of powers against overreaching by the legislature. (Which is what HB 1952 is all about to kill the MUNIZ -decision of the PASC.

“Vested rights” protects judicial action like MUNIZ from superior legislative review and put something else in its place to override MUNIZ.

“Vested rights” doctrine was first announced in McCullough v. Virginia, 172 U.S. 102, 123-24 (1898): “It is still good law to use in PA courts from the SCOTUS to stop state legislatures from taking away rights which have been once vested by the judgment under MUNIZ.

Pa. Legislation by HB 1952 will violate the “vested rights doctrine” by their action to make HB 1952 try to knock MUNIZ out the box for all pre-SORNA people just because they can change things as they see fit to. HB 1952 will, when passed judgment by the power of the legislature, will disturb the rights created by MUNIZ which will have no protections. The PASC is being disrespected by the PA. Assembly because they don’t like MUNIZ decision.

ANYBODY ELSE SEE THIS “vested rights doctrine? clear to me?