Trinsey v. Pennsylvania
Encyclopedia
Trinsey v. Pennsylvania 941 F.2d 224
was a case decided by the United States Court of Appeals for the Third Circuit
that confirmed the validity of special elections
held without a primary
under the Fourteenth
and Seventeenth
Amendments to the United States Constitution
. The case came about due to the death of H. John Heinz III
, one of the US Senators
from Pennsylvania
, in a plane crash on April 4, 1991. Under the Seventeenth Amendment, state legislatures may give the Governor the power to appoint officials to fill temporarily vacant Senate seats until a special election can be held, and Pennsylvanian law contained a statute executing this and requiring no primaries for the special election. Instead, both the Democrats
and Republicans
would each internally select their candidates. John S. Trinsey Jr., a voter and potential candidate, asked the United States District Court for the Eastern District of Pennsylvania
to declare the statute unconstitutional as a violation on the Fourteenth and Seventeenth amendments, because the lack of a primary removed his right to properly vote for candidates and delegated that power to political parties.
After deciding that the statute's subject matter necessitated the strict scrutiny
approach, the District Court decided on June 10, 1991 that it was an unconstitutional violation of the right to vote for and select Senate candidates. This decision was appealed to the Court of Appeals for the Third Circuit
, who decided against the use of the strict scrutiny approach and, in its absence, ruled that the statute was not a violation of the Fourteenth and Seventeenth Amendments. Academics have been critical of both the decision reached and the approach used, with one suggesting that the "substantial state interests" test used in Valenti v. Rockefeller would be more appropriate.
On April 4, 1991 H. John Heinz III
, one of the US Senators
from Pennsylvania
, was killed when his chartered plane collided with a helicopter inspecting its landing gear. Under the Seventeenth Amendment to the United States Constitution
, the legislature of each state has the power to permit the governor to fill the vacant seat until a special election
can be held. In Pennsylvania, this power had been delegated, and Governor Robert P. Casey
signed a writ on May 13, 1991, declaring November 5 the date for a special election and temporarily appointing Harris Wofford
to fill Heinz's now-vacant seat. Under Pennsylvanian law, there was no need for a primary in such a situation; instead, both the Democrats
and Republicans
would each internally select their candidate, who would run in the special election. John S. Trinsey Jr., a member of the Pennsylvanian electorate and potential candidate, challenged the constitutionality of this law, claiming that it violated his rights under the Fourteenth
and Seventeenth Amendments.
Trinsey argued that, by failing to allow for primaries, the state legislation prevented him from getting to select a candidate of his choice, and that this violated the Fourteenth Amendment; the terms of the statute (and absence of a requirement for primaries) also allegedly infringed the rights of the electorate under the Seventeenth Amendment, which required the selection of Senators by popular vote; Trinsey's complaint was that the legislation had effectively delegated the power to choose candidates to political parties rather than the electorate. Accordingly, Trinsey filed a motion for a declaratory judgment to state that the statute was unconstitutional, and also requested that Wofford be removed from his seat. Counsel for the Commonwealth of Pennsylvania, joined by the office of the Governor, argued that the constitution did not require the holding of primary elections to fill vacancies, and that the statute "protected valid and compelling state interests in protecting the validity of the electoral process and limiting the term of a [governor-]appointed Senator".
, where, following oral arguments, the judge dismissed both Trinsey's motion to remove Wofford and the Commonwealth's motion to dismiss. On June 10, 1991, however, the District Court declared the statute unconstitutional, stating that it violated both the Fourteenth and Seventeenth Amendments due to the failure to ensure "popular participation" through the use of primary elections. This decision was reached following an analysis of the legislative history of the Seventeenth Amendment and electoral processes; based on this analysis, the court concluded that the Pennsylvanian use of a nomination process before a special election implied a right to vote, which was violated by the lack of a primary and necessitated a strict scrutinising
of the legislation. After considering the evidence, the court concluded that "the interests the Commonwealth put forth in support of the statute could not outweigh the infringement of the right to vote", leading to the conclusion that the statute governing special elections was unconstitutional.
With this "the public, press and political parties quickly turned their attention to the case", with the Republican State Committee of Pennsylvania
(supported by their Democratic counterparts) and several prominent politicians intervening. They moved to expedite an appeal to the Court of Appeals for the Third Circuit
. In a unanimous opinion, the Court of Appeals (consisting of Sloviter
, Greenberg
and Seitz
) confirmed that there was no restriction of any fundamental right, and therefore that the strict scrutiny process did not need to be applied. In the absence of this process, they held that the Seventeenth Amendment did not require primary elections to fill vacancies, and more broadly gave state legislatures wide discretion as to how to hold elections; as such, the statute did not violate the constitution. In December 1991 the Supreme Court
denied a writ of certiorari
, presumably because the special election had already taken place in November and the issue was thus moot.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was a case decided by the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
that confirmed the validity of special elections
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
held without a primary
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
under the Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
and Seventeenth
Seventeenth Amendment to the United States Constitution
The Seventeenth Amendment to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures...
Amendments to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The case came about due to the death of H. John Heinz III
H. John Heinz III
Henry John Heinz III was an American politician from Pennsylvania, a Republican member of the United States House of Representatives and the United States Senate .-Early life:...
, one of the US Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, in a plane crash on April 4, 1991. Under the Seventeenth Amendment, state legislatures may give the Governor the power to appoint officials to fill temporarily vacant Senate seats until a special election can be held, and Pennsylvanian law contained a statute executing this and requiring no primaries for the special election. Instead, both the Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
would each internally select their candidates. John S. Trinsey Jr., a voter and potential candidate, asked the United States District Court for the Eastern District of Pennsylvania
United States District Court for the Eastern District of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789...
to declare the statute unconstitutional as a violation on the Fourteenth and Seventeenth amendments, because the lack of a primary removed his right to properly vote for candidates and delegated that power to political parties.
After deciding that the statute's subject matter necessitated the strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
approach, the District Court decided on June 10, 1991 that it was an unconstitutional violation of the right to vote for and select Senate candidates. This decision was appealed to the Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
, who decided against the use of the strict scrutiny approach and, in its absence, ruled that the statute was not a violation of the Fourteenth and Seventeenth Amendments. Academics have been critical of both the decision reached and the approach used, with one suggesting that the "substantial state interests" test used in Valenti v. Rockefeller would be more appropriate.
Background
H. John Heinz III
Henry John Heinz III was an American politician from Pennsylvania, a Republican member of the United States House of Representatives and the United States Senate .-Early life:...
, one of the US Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, was killed when his chartered plane collided with a helicopter inspecting its landing gear. Under the Seventeenth Amendment to the United States Constitution
Seventeenth Amendment to the United States Constitution
The Seventeenth Amendment to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures...
, the legislature of each state has the power to permit the governor to fill the vacant seat until a special election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
can be held. In Pennsylvania, this power had been delegated, and Governor Robert P. Casey
Robert P. Casey
Robert Patrick "Bob" Casey, Sr. was an American politician from Pennsylvania. A member of the Democratic Party, he served as the 42nd Governor of Pennsylvania from 1987 to 1995...
signed a writ on May 13, 1991, declaring November 5 the date for a special election and temporarily appointing Harris Wofford
Harris Wofford
Harris Llewellyn Wofford served as a Democratic U.S. Senator from Pennsylvania from 1991 to 1995 and as the fifth president of Bryn Mawr College, and is a noted advocate of national service and volunteering...
to fill Heinz's now-vacant seat. Under Pennsylvanian law, there was no need for a primary in such a situation; instead, both the Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
would each internally select their candidate, who would run in the special election. John S. Trinsey Jr., a member of the Pennsylvanian electorate and potential candidate, challenged the constitutionality of this law, claiming that it violated his rights under the Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
and Seventeenth Amendments.
Trinsey argued that, by failing to allow for primaries, the state legislation prevented him from getting to select a candidate of his choice, and that this violated the Fourteenth Amendment; the terms of the statute (and absence of a requirement for primaries) also allegedly infringed the rights of the electorate under the Seventeenth Amendment, which required the selection of Senators by popular vote; Trinsey's complaint was that the legislation had effectively delegated the power to choose candidates to political parties rather than the electorate. Accordingly, Trinsey filed a motion for a declaratory judgment to state that the statute was unconstitutional, and also requested that Wofford be removed from his seat. Counsel for the Commonwealth of Pennsylvania, joined by the office of the Governor, argued that the constitution did not require the holding of primary elections to fill vacancies, and that the statute "protected valid and compelling state interests in protecting the validity of the electoral process and limiting the term of a [governor-]appointed Senator".
Judgment
The case was first heard in the United States District Court for the Eastern District of PennsylvaniaUnited States District Court for the Eastern District of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789...
, where, following oral arguments, the judge dismissed both Trinsey's motion to remove Wofford and the Commonwealth's motion to dismiss. On June 10, 1991, however, the District Court declared the statute unconstitutional, stating that it violated both the Fourteenth and Seventeenth Amendments due to the failure to ensure "popular participation" through the use of primary elections. This decision was reached following an analysis of the legislative history of the Seventeenth Amendment and electoral processes; based on this analysis, the court concluded that the Pennsylvanian use of a nomination process before a special election implied a right to vote, which was violated by the lack of a primary and necessitated a strict scrutinising
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
of the legislation. After considering the evidence, the court concluded that "the interests the Commonwealth put forth in support of the statute could not outweigh the infringement of the right to vote", leading to the conclusion that the statute governing special elections was unconstitutional.
With this "the public, press and political parties quickly turned their attention to the case", with the Republican State Committee of Pennsylvania
Republican State Committee of Pennsylvania
The Republican Party of Pennsylvania is based in Harrisburg in the Commonwealth of Pennsylvania. It is affiliated with the Republican Party of the United States.-Founding:...
(supported by their Democratic counterparts) and several prominent politicians intervening. They moved to expedite an appeal to the Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
. In a unanimous opinion, the Court of Appeals (consisting of Sloviter
Dolores Sloviter
Dolores Korman Sloviter is a judge on the United States Court of Appeals for the Third Circuit. Born to a Jewish-American family in 1932 in Philadelphia, Pennsylvania, she attended Philadelphia High School for Girls. She graduated from Temple University in 1953 with an A.B. and received her J.D. in...
, Greenberg
Morton Ira Greenberg
Morton Ira Greenberg is a Judge for the United States Court of Appeals for the Third Circuit. He was nominated by U.S. President Ronald Reagan on February 11, 1987 and was confirmed by the United States Senate on March 20, 1987.-Biography:...
and Seitz
Collins J. Seitz
Collins Jacques Seitz was a judge on the United States Court of Appeals for the Third Circuit from 1966 until his death in 1998....
) confirmed that there was no restriction of any fundamental right, and therefore that the strict scrutiny process did not need to be applied. In the absence of this process, they held that the Seventeenth Amendment did not require primary elections to fill vacancies, and more broadly gave state legislatures wide discretion as to how to hold elections; as such, the statute did not violate the constitution. In December 1991 the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
denied a writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, presumably because the special election had already taken place in November and the issue was thus moot.