Pennsylvania Senate Democratic Caucus Celebrates Hommrich v. Boscola Decision from Commonwealth Court as Victory for Elected Officials, Democratic Process

HARRISBURG, PA – January 4, 2025 − Yesterday, the Commonwealth Court issued a ruling in the Hommrich v. Boscola defamation case, reversing the trial court and holding that the statement in Senator Boscola’s net metering co-sponsorship memo is protected by legislative immunity.

J. Cohn-Jubelirer authored the the 6-1 decision, concluding that the “co-sponsorship memo falls within the sphere of legitimate legislative activity, thus immunizing Senator Boscola from suit in accordance with the legislative privilege doctrine.”  This is a win for protected speech under the Speech and Debate Clause, Art. II, Section 15 of the Pa. Constitution and will protect legislators from future lawsuits ancillary to their efforts to craft legislation.

The defamation claim in question was brought against Senator Boscola by Mr. Hommrich after she issued a co-sponsorship memo to all Members in 2023 seeking support for her legislation that would, “upon the recommendation of the [PUC] . . . close the Hommrich loophole by limiting net metering to generator’s system designed to generate no more than 110% of the customer-generator’s requirements for electricity.”

Legislators commonly use co-sponsorship memoranda to kickoff the legislative fact-finding process and express the intent to fellow members behind their soon-to-be introduced legislation.

The phrase “Hommrich loophole” in the memo related to a 2020 court ruling in Hommrich v. Pa. PUC holding that the PUC exceeded its statutory authority when it established limits on net metering for solar facilities producing up to 3 MW of electricity.

Constitutional legislative immunity protects the legislative process from judicial interference with legitimate legislative activities. In a strong opinion, J. Cohn-Jubelirer concluded that “there is no doubt as to the applicability of the legislative privilege to the Co-sponsorship Memo.”  

The “preparation and circulation of co-sponsorship memoranda are core legislative functions within the legitimate legislative sphere,” and “[t]o subject legislators to litigation for actions taken during the legislative process would, in essence, permit the very ills against which the legislative privilege seeks to protect.”

Of note, House Democratic and both Republican Caucuses filed a joint amicus brief in support of Senator Boscola’s legislative immunity claim.

“I am grateful the Commonwealth Court ruled in my favor yesterday,” said Senator Lisa Boscola regarding the outcome of this case.  “Co-sponsorship memorandums are an essential component to the legislative process.  Subjecting elected officials to lawsuits for the contents of those memorandums would have a chilling effect on the legislative process.  I am proud that the Senate Democratic Caucus led the charge to defend the Speech and Debate clause and that the other three caucuses joined in our efforts.”

“I am very pleased with yesterday’s Commonwealth Court decision, which affirms lawmakers’ protections as we carry out our duties in office,” said Senator Costa of the ruling. “Our primary concern as legislators, regardless of our party or chamber, is to draft and advocate for bills that will improve the lives of every Pennsylvanian. The protections afforded us in the speech and debate clause allow us to do our jobs without fear of frivolous lawsuits, retaliation, or bullying by bad actors seeking to interfere with the legislative process. I am proud to have supported my friend and colleague Senator Boscola throughout these proceedings, and I am glad that the courts ruled in favor of our democratic processes today.”

Read more about the PA Senate Democrats’ commitment to fighting for every Pennsylvanian here.

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