SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. CITY OF PHILADELPHIA AND PHILADELPHIA COMMISSION ON HUMAN RELATIONS (2017)

CONCURRING OPINION

I join the lead opinion, subject to the proviso that I agree with Justice Wecht's comments about the relevant analytical framework. In this respect, I also note that sometimes, the mechanical formulation and heralding of a specific test – such as what the Court has dubbed the “Ogontz test” – has unintended consequences.

Here, I agree with Justice Wecht, that the “Ogontz test” reflects nothing more than a conventional application of principles of statutory construction. As such, and since the discrete, tiered analysis appears to be generating disharmony, I would prefer to abandon the label at this juncture. In its place, I would simply refer directly to the Statutory Construction Act.

CHIEF JUSTICE SAYLOR