Judge says upcoming Albany Dems gubernatorial election must pass Senate vote

On Tuesday, a Long Island judge ruled that Democrats in the State Senate can’t use their old tricks if they want to block future judicial candidates they think aren’t leftist enough.

The ruling follows a bitter struggle over Governor Hole’s failed attempt to win centrist Judge Hector LaSalle’s confirmation as head of the New York Court of Appeals, prompting a lawsuit seeking whether a formal floor vote is required for all potential judges.

“The Judiciary Committee can assist the Senate in its entirety by performing investigative functions, but
cannot replace the power vested in the Senate by the constitution,” wrote Suffolk County Superior Court Judge Thomas Whelan in a nine-page ruling in response to a lawsuit filed by Republican Senator Anthony Palumbo (R-Suffolk) against the majority in the State Senate. Leader Andrea Stewart-Cousins ​​(D-Yonkers) and other Democrats.

Stuart-Cousins ​​insisted for weeks that a Senate Judiciary Committee vote of 10-9, which she had previously folded with anti-LaSalle members, was enough to reject Hochul’s nomination.

But Hochul and the Republicans argued that the state constitution still required a vote of the entire Senate, and Palumbo ended up filing a lawsuit to resolve the issue.

Facing the possibility of an unprecedented defeat, Stewart-Cousins ​​scheduled a surprise floor vote last week to nominate LaSalle in an attempt to make Palumbo’s claim moot.

LaSalle was defeated 39-20, but Whelan ruled after a hearing two days later that Palumbo’s lawsuit could proceed.

“Judge Whelan’s ruling today confirms that Senate Democrats have once again defied the state constitution to support their partisan goals,” State Senate Minority Leader Robert Ortt (R-Lockport) said. “Instead of following the law, Senate Democrats have joined the Judiciary Committee with far-left lawmakers to defeat the historic Court of Appeals nominee.”

While Whelan’s decision won’t help LaSalle become the first Hispanic Chief Justice, it could make it much easier for Hohul to secure another nominee this spring after the state panel provides a list of seven eligible candidates.

State Senate Democrats said they need a Chief Justice to push the Court of Appeals, New York’s highest court, to the left after years of a relatively conservative majority led by former Chief Justice Janet DiFiore, who resigned in the wake of past scandal. in summer.

Ortt said the progressive effort will be much more difficult if Tuesday’s decision in Suffolk County is not overturned by a higher court.

“This decision will play an important role in protecting the independence of the New York judiciary from far-left politicians,” he said.