136, 178 A.3d 737, 826 (2018). Article 1, Section 4 of the
United States Constitution gives authority regarding the "Times,
Places and Manner of holding Elections for Senators and
Representatives" only to state legislatures and Congress. In
this unprecedented case, by issuing their January 22, 2018
Order, the Pennsylvania Supreme Court has, in contravention to
the express grant of authority in the United States
Constitution, arrogated unto itself this legislative authority.
On February 19, 2018, the Court issued a Per Curiam opinion
and order, with Justice Wecht and three other Justices of the
Supreme Court arrogating to themselves the task of drawing
Congressional Districts. In his dissenting opinion, the Chief
Justice noted,"... the adoption of a judicially created
redistricting plan apparently upon advice from a political
scientist who has not submitted a report as of record nor
appeared as a witness in any court proceeding in this case; and
the absence of an adversarial hearing to resolve factual
controversies arising in the present remedial phase of this
litigation." League of Women Voters of Pennsylvania v.
Commonwealth, 645 Pa. 576, 626, 181 A.3d 1083, 1121-22 (2018).
He said, "In these circumstances, the displacement to the
judiciary of the political responsibility for redistricting-
which is assigned to the General Assembly by the United States
Constitution-appears to me to be unprecedented." Id. at 1122.
In joining an Order of the Supreme Court that blatantly and
clearly contradicts the plain language of the United States
Constitution, Justice David N. Wecht engaged in misbehavior in
office.
Wherefore, Justice David N. Wecht is guilty of an impeachable
offense warranting removal from office and disqualification to
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