After Governor Tom Corbett and Pennsylvania Secretary of State Carol T. Aichele removed to federal court a lawsuit challenging the Pennsylvania constitutional provision that mandates members of the judiciary retire at the end of the year in which they turn 70, three of the plaintiffs are staying in federal court and three of the plaintiffs have dismissed their claims in order to refile them in state court.
Robert C. Heim, an attorney with Dechert representing the six judges, said that by dividing the plaintiffs between state court and federal court, it would avoid any arguments about whether remand is appropriate.
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