Dechert LLP, along with the American Civil Liberties Union of Pennsylvania, is supporting the League of Women Voters of Pennsylvania and an individual, Lorraine Haw of Philadelphia, in their challenge to the legality of Marsy’s Law. The lawsuit was filed in Commonwealth Court of Pennsylvania on Friday October 11, arguing that a pending Marsy’s Law question on the November 5, 2019 ballot is unconstitutional because Marsy’s Law consolidates many changes into a single amendment – a practice known as "logrolling" – and deprives voters of their constitutional right to vote yes or no on each amendment. The Dechert team includes Steven Bizar, Tiffany E. Engsell, Craig J. Castiglia and William Kuzma.
Marsy’s Law (Senate Bill 1011) proposes an amendment to Article I of the Pennsylvania Constitution, to establish a crime victims’ "bill of rights," granting victims’ rights to "justice and due process" comparable to those provided to the accused. The lawsuit states that because the proposed amendment impacts three articles and eight different sections of the Pennsylvania Constitution, each proposal must be considered as a separate amendment in line with Article 11, Section 1 of the Pennsylvania Constitution.
"We obviously support the concept of victim's rights and the notion that victims should have a role in the criminal justice system, but this lawsuit is about the electorate’s voting rights. We are proud to represent the League of Women Voters, and to protect Pennsylvania voters’ right to create the specific right or rights they wish to afford to victims of crime, with full understanding of the impact that those new rights will have on existing constitutional provisions," said Steven Bizar.