Chris Christie’s fights with the teachers’ unions in New Jersey have been well documented in the national press and conservative blogosphere. However, Christie has been engaged in another, possibly more significant fight over reforming the New Jersey Supreme Court that has, until now received relatively scant amounts of national attention. As detailed in the New York Times and the WSJ ($), the fight erupted in May when Christie exercised his (admittedly seldom-used) prerogative to not re-appoint the liberal John E. Wallace to the New Jersey State Supreme Court.
As we have seen all too often at both the State and Federal level, liberals view the judiciary as a useful tool to undo anything they don’t like which is done by the legislature or, in this case, the governor. Therefore, Christie’s (absolutely legal) attempts to change the composition of the court were seen as a direct threat to their most sacred institution. Accordingly, the New Jersey Senate, led by Democrat Stephen Sweeney, refused to allow a vote to confirm Anne Patterson, Christie’s nominee to replace Wallace. Thus far everything that had occurred in this fight could be chalked up to political posturing.
However, New Jersey Supreme Court Chief Justice Stuart Rabner then took a step which raised the specter of possible coordination between Rabner and Sweeney by unconstitutionally elevating Edwin Stern, a Court of Appeals judge to the New Jersey Supreme Court (thus bypassing Christie’s right to nominate the next appointee, and the Senate’s vote on confirmation of that nominee), despite the fact that the New Jersey Supreme Court had a five-member quorum even in Wallace’s absence. This naked power grab was so appalling that McGreevey appointee Justice Roberto Rivera-Soto stunned observers on Friday by noting, at the end of a published opinion, that he would be abstaining from all decisions as long as Stern remained on the Court. Now, as highlighted above, the national media is starting to take notice of this incredible story as it plays out in New Jersey.
In typically Orwellian fashion, the New Jersey Democrats have accused Christie throughout the process of playing politics with the Court. Justice Rivera-Soto has exposed very plainly that it is really Sweeney (working hand in hand with Rabner) and the rest of the New Jersey Democrats who are playing politics with Justice.
Many who are watching Christie with a view towards a possible Presidential run in 2012 or 2016 have some concerns about Christie on socially conservative issues. If Gov. Christie displays a willingness to fight for conservative judicial nominees with the same fervor that he fights against corrupt unions, that would go a long way towards allaying all those fears. Let’s hope that Christie does the right thing, and shows the way to the slough of new GOP governors who were elected this year.
Jeff Emanuel
Impeach Justice Rabner?
1689 Saturday, December 11th at 12:31PM EDT (link)Under New Jersey state law does the State Supreme Court Justice have the authority to elevate a court of appeals judge to the Supreme Court? If not, there would be only one outcome for Justice Rabner’s assumed lawbreaking — he must be removed: through impeachment, the Governor refusing to reappoint him (or firing if the governor has the statutory authority for that).
to 1689
cclub79 Saturday, December 11th at 1:48PM EDT (link)Yes, he does. It simply says “when necessary” he can. Republicans are saying that “when necessary” only means when you don’t have a quorum (they do), but Rabner is saying “when necessary” basically means whenever there aren’t 7 Justices, and specifically can include the fact that there is a ton of additional workload right now. I don’tthink his interpretation of the law rises to an impeachable offense. The problem is there is nowhere to go from the highest court in the state to rule on the “when necessary” clause. No one has thought this could go to the US Supremes.
It is quite apparent that there are no adults in D.C. On either side of the aisle
jmadisonfan Saturday, December 11th at 1:07PM EDT (link)I’m willing to take chance on a Chris Christie presidency if he decided to run. I love this guy and so far I can’t see anyone else with the willingness to do the tough things that will need to be done to turn things around. So far, he has proven time and again that he has an iron set, and that would go a long way to erasing any differences I have with him on social issues. I’m just hoping that there will be something left for him to govern come 2013 . . .
One issue to be aware of...
cclub79 Saturday, December 11th at 1:44PM EDT (link)My only problem with the way this has played out on the Republican side is I have no idea what Anne Paterson’s Conservative Credentials are. She worked with Christie and is a friend from his hometown, but to me it smells of another Harriet Myers (sp?). There are plenty of solid Conservative lawyers (in the legislature alone) that would be a sure Conservative voice on a court that has had NO Conservative voice for decades.
In NJ, there’s an unwritten rule that the partisan balance of the SC should be 4-3, with the Governor having the right to swing the balance to his favor if the situation arises. All we got from 8 years of Whitman were Liberal Republicans and Ultra Liberal Democrats. This basically the same court that ruled 7-0 to allow the Democrats’ illegal Torricelli/Lautenberg switch. Is Patterson any different? I have no idea. But I shouldn’t have to wonder. Pick a known Conservative PLEASE!
Sweeney is abdicating his responsibility by not holding hearings on Patterson, though. THAT is playing politics with the nomination, not what Christie did. If they don’t like her, hold the hearings and vote her down. If they don’t like what Christie did, change the Constitution to not permit a Governor’s ability to not renominate.
CJ Rabner is an okay guy actually. If we have to have a Democrat as the CJ, he’s as good as it gets. He also has a solid relationship with Christie (which is probably strained now), and is not a hyper-partisan. His stated reason for the elevation is because of the workload of the court, and the Democrats’ refusal to hold hearings on Patterson. He would do well to ask the Dem Leg to hold hearings though.
If I may opine here
E Pluribus Unum (Diary) Saturday, December 11th at 5:02PM EDT (link)The personal makeup of Patterson is really not what is at issue here. The governor has nominated her, which is his right, unless there is really, truly a failure to pass the smell test. The NJ Senate has held up her nomination, which is also THEIR right.
What is truly at issue, as far as I can see, is that the NJSC has a quorum without that vacancy being filled, the NJ Constitution allows the CJ to appoint a replacement “when necessary” (quoting the linked NYT article), and that apparently the CJ interprets “having one vacancy that does not break a quorum” as “when necessary”.
In my non-lawyer opinion, the CJ is acting outside of his authority.
What I am curious about is what legal remedies Governor Christie has at his disposal. Obviously the CJ is not going to “heave to” just because the Governor says so. Equally obvious is that since the NJ Supreme Court actions are at question, there’s no state court to take it to.
Leaving federal court. I guess. Lawyers, what’s the scoop here, when a state executive is in a fight with the state judiciary?
Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
Great Post with One Caveat
Superheater (Diary) Sunday, December 12th at 12:45AM EDT (link)Great post, but I hate the last part where you ask “. Lawyers, what’s the scoop here, when a state executive is in a fight with the state judiciary?”
Why (in an internet forum) do you feel the need to defer to the opinion of members of the bar? Lawyers are supervised by the judiciary and generally aspire to it as they progress along their career path. Their opinion might be more informed as to legal procedure, but they clearly have a dog in the fight and can’t be counted on to be impartial.
It’s time that judges are returned to the role of calling balls and strikes, instead of determining the strike zone (at whim). Isn’t interesting how malpractice actions have spread like weeds against doctors, accountants and other professionals-but there is no such problem afflicting the bar or judiciary?
As much as we are over-lawyered, we are over-judged. At every level, the judiciary conflates unaccountability and supremacy with independence. You don’t have to be a lawyer to know that judges think of themselves as philosopher-kings, unbound by any statute or other limit, even stare decisis. Increasingly, the only limits on the judiciary seems to be the daring involved with pushing the envelope in plasticizing the meaning of words and the ability to churn out lengthy screeds filled with personal political preference masquerading as jurisprudence.
I applaud any attempt to control the judiciary, even if it’s infrequent or symbolic. Iowa, the same Iowa that gave us Tom Harkin, gave us a vox populi revolt against dictators in robes, but there’s no similar mechanism to remove “your honor” from federal judges.
It is high time executives took some advice from President Andrew Jackson, who once commented that the court could opine, but enforcement was his prerogative. Even better was Lincoln- who threatened to issue a warrant for Roger Taney’s arrest.
We should remember that the jurisdiction of the court is vested in the Congress. It would be even better if Congress remembered it. It’s likely to be a long and hard road to restrain the judiciary-but maybe someday, people will remember the noxious decisions of Roe V. Wade, Kelo and other abrogations of the oath of office with the same contempt now reserved for acknowledged acts of judicial malpractice such as Dredd Scott.
Do you really think Thomas Porteous is the only bad judge, or just the only obvious one? He’s not-and I know this because I live in Pennsylvania, where we have a couple going to jail for accepting bribes.
Well I hate lawyers too
E Pluribus Unum (Diary) Sunday, December 12th at 3:54AM EDT (link)Mostly a bunch of pompous, pretentious weasels that I would not trust to count my change driving through Wendys.
But we have lawyers among the readership of RedState who are more like people than not. I kid, I kid!! We have good folk here who know the law very well and are happy to share when asked. My question was really just a question of jurisdiction (and what charges, grounds and tactics would Christie use) in a rather unusual situation like this, probably basic knowledge for a lawyer, not basic knowledge for a layman.
Nothing wrong with your nice, well-written treatise, though. Works for me.
Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
Like Harriet Myers ??
astrolite Monday, December 13th at 9:17AM EDT (link)More like Kagan, Except Kagan abeted the criminal act of false citizenship by blocking the SC from hearing Obama’s lack of documentation. His ex teacher and political mentor!
Wow, interesting,
usedtobelib Saturday, December 11th at 2:29PM EDT (link)thanks for that. I love that there’s someone who’ll fight to curb judicial intervention–I live in California where we all know that a judge, just one, can overrule the law and even overrule the public’s amending of the state Constitution–so I am with CC on this all the way. I suspect and hope we’ll be hearing more. I hope CC doesn’t back down if things don’t go his way and that it gets all kinds of publicity. I believe CC knows how to frame the issues, that’s for sure.
One more thing, though. I am tired of all the talk of CC in 2012. The nation can see in Obama that it really is crucial for someone to have executive experience, and while I like CC very much and know he has leadership skills that Obama doesn’t possess, he still hasn’t been in that executive position long enough. He also has to learn when being “bully-ish” is effective and when it isn’t. He’s bright so I think he will learn that but he has to be careful not to become a caricature because moods change in an instant in our pop culture. Independents, seeing too much of the YouTubes may turn off to him if he isn’t careful.
To run an effective presidential campaign, one has to have started organizing long ago (in most cases.) He’s been busy, as he should be, running the state.
He has a young family and if he’s as level-headed as I think he is, he knows that subjecting that family to a run for the Presidency at this stage would be selfish. It would, in essence, undermine the notion that he’s a family man and would contribute to a view of him as blindly ambitious. He has said over and over he’s not interested; he needs to stick to that.
After all, he wanted badly that NJ job for all the right reasons, I hope. To abandon it now would undermine those claims of his.
CC, stay where you are. I believe it’s at the state level that people like Christie can take a blue state and show it the error of its ways, and in so doing, a guy like this can, w/out occupying the White House, start an entire movement.
It takes time to develope
tex41lb Monday, December 13th at 7:04PM EDT (link)and I agree with Christie being more influentual from the governors chair roll modeling the governors than he would be as a candidate. Eight years from now he will be in a position to run having the strength of experience needed to administer as president.
Kristi Noem
smitch61 Saturday, December 11th at 4:32PM EDT (link)Endorses the new tax plan… stimulus filled with pork…. absolutely fricking wonderful…what a joke . Time for a shot of something.
Threadjack much?
jstjoan (Diary) Saturday, December 11th at 5:07PM EDT (link)nt
Three questions that destroy most Liberal arguments according to Thomas Sowell:
1. Compared to what?
2. At what cost?
3. What hard evidence do yo have?
Threadjack, yes -- although I'd say it's a reminder that maybe it's time for an Open Thread -nt
E Pluribus Unum (Diary) Saturday, December 11th at 5:38PM EDT (link)Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
EPU agreed
Scope (Diary) Saturday, December 11th at 6:12PM EDT (link)an open diary is needed. The Noem thing really is more than a little disturbing. I agree with smitch. I’ll link the Hill article if we get an open thread.
This will not happen soon
freemanja1991 (Diary) Saturday, December 11th at 9:24PM EDT (link)I think that because of Chris Christie will move New Jersey to the right. Who knows how far. I think from a Solid blue to a leaning Dem or toss up. I also think that Christie will be able to have State Senate and Assembly candidates ride his coattails into the legislature in 2011. I think Republicans will gain back the legislature in 11. So in this will not be a problem in a year when Sweeney is not the majority leader.
This tactic is the liberals trojan horse .
mirac777 (Diary) Monday, December 13th at 8:43AM EDT (link)You see how can the Liberals get there Socialistic agenda forced onto the people ? Well, 70% of Americans said no to Obamacare. Now the liberal judges will be forced to show more of their true colors in the State’s lawsuits against said Obamacare. Just like AZ being sued for enforcing Fed Law. That Lib-Activist posing as a judge there needs to be taught some basic law fundamentals. This is how we say no to policies , yet they get rammed down our throats.
FYI, we voted to retain our judges here in Fl this year. Look at the totals. They dont add up or even close to it. The vote count was rigged to retain EVERY DAMN LIBERAL JUDGE in Florida. Lets see here, I was spreading the word bigtime here and had assurances from most voters I spoke to, that they would vote to NOT retain liberal judges this year. We made a list of the ones and why they need to be terminated.I did this mostly in my county and surrounding area, yet also tried to get out the word on social media Statewide. Yet all the vote totals are basically the same number from all areas, with a little jostling here and there to make them seem real. I have complained. It falls on deaf ears every time. Kind of strange how in my State of Fl, we voted totally Conservative, House, Senate, Gov, Senator and Congressman( my area), and yet we are told that we also voted to RETAIN LIBERAL JUDGES? I,lll NEVER be stupid enough to believe this lie. I hope Gov Scott and our Congress will look into this travesty of justice here. Sure seems to me Gov Cristie is well aware of this danger to our states and the Rule of law.
United we stand…. Divided we fall.. into the pits of Socialism.
Christie is not yet ripe for national office
givemefreedom Monday, December 13th at 11:02AM EDT (link)Christie is an interesting governor. I don’t want him running for president yet. Give him at least a full term to accomplish his first set of goals for NJ . . . . THEN we can think about a national office. How about a senate seat?
Taking a look at congress and the current president, I’d have to give the actual/real power to congress in terms of what legislation gets passed. Christie would definitely wield power as a senator.
Questions
jdelaney3 Monday, December 13th at 11:07AM EDT (link)So long as the McGreevy appointee abstains, isn’t the Court null and void anyway? In effect, isn’t the Court powerless to render rulings unless all quorum members participate in those rulings?
Constitutionally, can the CJ do what he did legally? If not, then why isn’t he removable or, at the very least, circumventable, by the Governor? Or does the CJ have to be properly impeacjhed to be removed?
Constitutionally, can the Governor unilaterally remove or arrest the CJ–if, of course, the latter has violated the NY Constitution?
Am sure folks on both sides of this issue are studiously researching the NJ Constitution to determine Constitutional remedies. Frankly, I hope Mr. Cristie is constitutionally able to prevail. Liberal dominion over the judiciary must be eliminated.
jim delaney
Check your dictionary, please
johninohio Monday, December 13th at 11:56AM EDT (link)It’s SLEW of governors ( a large number), not SLOUGH (a swamp)
Huh?
sharinlite Monday, December 13th at 12:02PM EDT (link)Well, well, well….finally someone. somewhere is actually beginning the see that it isn’t just the congress that needs to be addressed, so do the courts throughout the US…hope he continues and wins!