Today the State Supreme Court rejected her appeal on a 4-1 vote.
According to Kevin Zwick of Captiolwire, Chief Justice Thomas Saylor wrote the majority opinion, stating “that the supervising judge acted within his authority and sound prerogative in appointing the Special Prosecutor.”
Justice Michael Eakin joined the majority opinion while Justices Max Baer and Correale Stevens filed separate but concurring opinions.
Only Justice Debra Todd dissented.
The Attorney General’s fate now falls to Montgomery County District Attorney (and Republican) Risa Vetri Ferman who will decide whether to file charges.
Update: You can read Chief Justice Saylor’s majority opinion here. You can also read Justice Todd’s dissent here. Justice Baer’s concurring opinion can be read here while Justice Stevens’ is located here.
Update 2: Kathleen Kane’s Attorney Lanny J. Davis has released the following statement:
We are disappointed in today’s Supreme Court’s decision. We have faith in the judicial system and that the District Attorney of Montgomery County will look at the evidence and the law and find that Attorney General Kane is innocent of any violations of the law.