all agree that the law is unconstitutional.
Rule of Appellate Procedure 31(c) provides only that an appellee
272) Following this discussion, the Court concluded: "In sum, appellees
have alleged no injury to themselves as individuals (contra, Powell), the institutional injury they allege is wholly abstract and widely dispersed (contra, Coleman), and their attempt to litigate this dispute at this time and in this form is contrary to historical experience.
In each appeal, the issue is whether the appellee
established its standing as a real party in interest to pursue the requested relief.
While the appellant generally has more convincing to do, the appellee
just needs to answer any questions the court has and respond to anything outrageous the appellant said that was not in its brief.
spend most of their time responding to the arguments made by the appellant, but sometimes it's worthwhile to raise additional arguments.
Brief in Behalf of Appellee
, The Society of the Sisters of the Holy Names of Jesus and Mary at App.
throughout the encounter with Appellee
, we point out that,
confronting de novo review should not rely exclusively on the trial court's reasoning.
chastising the district court and appellee
for "pay[ing] no heed to any of the other authorities contrary to their position, such as the decisions of the United States Supreme Court and the learned works of civil- and common-law scholars").
Hugg previously served as an Assistant District Attorney in the Appeals Unit of the Philadelphia District Attorney's Office, where he prosecuted more than 130 matters, both as appellee
and appellant, before the Pennsylvania Supreme and Superior Courts.
As a result of this doctrine, the appellee
on appeal may argue a basis for affirmance even if not presented and argued in the trial court.