In January, the state filed a post-trial motion for reconsideration and asked for an en banc panel of the Commonwealth Court to review Judge McGinley’s final order. The state had to take this procedural step in order to eventually appeal the case to the Supreme Court.
The state’s post-trial strategy is a kitchen sink approach, attacking everything from Judge McGinley’s constitutional analysis of the law to his so-called failure to consider Judge Simpson’s 2012 ruling. In remanding the case to the Commonwealth Court back in 2012, the Pennsylvania Supreme Court actually vacated and nullified Judge Simpson’s original decision, making this argument weak to say the least.
Time will tell if the court decides to take up any of the state’s post-trial requests, though we find it unlikely that Judge McGinley will reverse his 103-page decision. You can read our full response to the state’s post-trial requests here.