Column: Dems Right to Reject Kwon for Court
Christie is entitled to appointments, and the Dems are obligated to keep the court in balance.
Last week’s Senate Judiciary Committee hearing in Trenton provided yet another New Jersey example of civics in action. It wasn't pretty, but it was necessary.
By a 7-6 vote, the committee rejected one of Gov. Chris Christie’s two nominees for the state Supreme Court. After a marathon session, Phillip Kwon, who worked for U.S. Attorney Christie, was still just the number two man in the state Attorney General’s office.
And Christie’s other nominee, Chatham Mayor Bruce Harris, had to leave without even a hearing, which may have been a blessing compared to what Kwon went through. Harris now has weeks, at least, to wait until he gets his own turn.
While there were questions about a family business, it was clear the hearing and the rejection were all about politics.
In theory, politics should play no role in the approval of court nominees, nor should it play any role in the decisions the justices make.
In real life, however, it is a different story.
While the judiciary is supposed to be that neutral third branch of government in which politics does not play a role, it does not always work out that way. And to keep a balance, governors in New Jersey have always kept the political party membership of the court at 4-3, depending on the party of the governor who gets to make the tie-breaking appointment.
But this governor, who has been up front in announcing his intention to remake the court, strayed from that formula.
Shortly after taking office, Christie chose not to reappoint Justice John Wallace—the first time in modern history that a governor has rejected putting a sitting justice back on the court.
Instead, he appointed Anne Patterson from his home county of Morris. After a lengthy protest, the Senate did put the governor’s choice on the bench.
Given the chance to appoint two additional justices, Christie chose Harris, another Morris Republican, and Kwon. While Kwon was billed as an independent, he was a longtime registered Republican with close ties to Christie. It’s reasonable to consider him a Republican.
If both Kwon and Harris were to join the court, it would be far out of balance, essentially 5-2 Republican, including Kwon and sitting justice Jaynee LaVecchia, who is technically an independent but was appointed to three high government positions by two Republican governors—she was a counsel to Tom Kean and in Christie Whitman’s cabinet.
Tradition dictates Christie’s court should lean Republican 4-3, not 5-2.
That’s where the second historical moment happened, with a 7-6 mostly party line vote rejecting a governor’s Supreme Court nominee.
“The governor may be entitled to his own nominees for cabinet posts, but we will not allow him to pack the Supreme Court,” said Senate President Stephen Sweeney, D-Gloucester. “The governor must work with us to put together a balanced tandem of candidates for the Court.”
Sen. Majority Leader Loretta Weinberg, D-Bergen and a member of the judiciary committee, put it more bluntly, saying Christie “has a record of attacking the courts and denigrating judges when he disagrees with their decisions, and he’s made no secret of his desire to reshape the Supreme Court to his own liking … The state would be ill served for generations to come if he is allowed to pack the court with ideological judges with an agenda that would turn back the clock on mainstream values.”
Christie was bitterly upset last year when the high court ordered him to give more money to schools in accordance with its Abbott v. Burke funding case.
Another controversial matter—the status of the state's affordable housing rules —is currently one of the oldest cases still awaiting argument before the court. Christie just lost in appellate court over his attempt to get rid of the state Council on Affordable Housing and he is appealing that decision.
There’s another case destined for the court in which Christie has a keen interest: Gay marriage. The governor vetoed the bill by Weinberg and Sweeney to permit it in the state and a number of gay couples have a case moving through the courts that could negate that veto as it seeks a ruling that the current civil union law is inadequate and should be replaced by marriage.
Sen. Gerald Cardinale, R-Bergen, said the Democrats have controlled the state’s highest court in 50 of the last 64 years and it’s time for that to change.
“The state Supreme Court under recent Democrat control has acted outside of its public duties by creating or increasing politically driven spending mandates that have burdened our taxpayers,” he declared.
The judicial branch of government is not supposed to care about costs and taxes, but about what's right and wrong. No one of either party should allow it to be swayed from its duties.
While it wasn’t pretty, the Democrats were right to work to keep the balance close. The vote against Kwon makes what they will do about Harris, if they even schedule it for a vote, an interesting question.
Colleen O'Dea is a writer, editor, researcher, data analyst, web page designer and mapper with almost three decades in the news business. Her column appears Mondays.
This column appears on Patch sites serving communities in Morris, Somerset, Sussex and Bergen Counties. Comments below may be by readers of any of those sites.
Jim Kaag
8:07 am on Monday, March 26, 2012
Does PATCH have an editorial viewpoint? I thought PATCH reported local news? That's certainly why I check it everyday, not for your political views. Unless you plan to publish the opposite viewpoint in your political reporting, stay out of polictics!
Dan Grant
11:18 am on Monday, March 26, 2012
Jim, It was clearly noted as a Column. That is what she writes every Monday. You must be watching too much Faux News where you think everyone who appears is a Reporter. Patch has a blog section and if you are concerned then you can write your own Column in opposition to the opinion piece.
Al Beronio
8:52 am on Monday, March 26, 2012
Before I got to the bottom and then saw the comment by Mr. Kaag, it was my intention to post precisely the same observation. It would be a great disappointment to me if The Patch suddenly started to wade into advocacy waters. If I want unbalanced news reporting I can always read the Courier News.
Prentiss Gray
9:17 am on Monday, March 26, 2012
Delete
Prentiss Gray
9:15 am on Monday, March 26, 2012
Column's are written to argue a particular point of view, or illuminate a particular topic. That's their purpose, they are fact based commentary. Although, I suspect the cries of "unbalanced!" would be fewer if Colleen's piece aligned more closely with the objector's views. Want more balance? Submit your own piece and stop trying to muzzle everyone else.
Tammy
9:41 am on Monday, March 26, 2012
Well said!!! Couldn't agree more!!!
Rick
9:32 am on Monday, March 26, 2012
So it's just Gov Christie that can't shape the state Supreme Court, but other governors could, right? And you are saying the the President has also sought a balanced Supreme Court rather than Justices who are aligned with his thinking? Please...if the reason were really that there was something going on with the Kwon's family business, I could almost buy it. But the opposing party has done everything possible, citing procedural "courtesy", to obstruct positions that need to be filled. Did they ever allow that bench position to be filled over the past couple of years? Their their own appointee ever start working on the bench or is he still not voting in decisions?
They are right to reject a candidate if there are solid reasons to do so. But they are obstructing justice if they are going to reject all of the Governor's appointments for two more years.
Denobin
10:04 am on Monday, March 26, 2012
This game is played by both sides equally and it doesn't change based on one's objections or agreement. Somehow, I think we will hear nothing from these same commentors when (not if) a Dem governor has his appointments rejected.
spokey
10:19 am on Monday, March 26, 2012
Denobin;
So you are saying that two wrongs make a right?
Should a rejection be based on a lack of judicial qualifications regardless of whether the gov is R or D?
Denobin
1:21 pm on Tuesday, March 27, 2012
spokey:
You missed my point; that being that we will likely hear nothing from these same commentators decrying the rejection of a supreme court candidate based soley on partisanship when the situation is reversed, because then it will agree with their politics.
Does that make it right? Absolutely not. Will we hear these same objections from both sides the next time it happens? Sadly, probably not. That was my point.
V
9:59 am on Monday, March 26, 2012
Every Monday, Colleen O'Dea can be relied upon to vomit forth another leftist editorial under the guise of local news. It is the same Colleen O'Dea, I remind you, that is screeching like a butt-hurt banshee when the Republican minority dares to block anything Democrats put on the table.
Denobin
10:06 am on Monday, March 26, 2012
And we can always count on you to vomit forth your response. Ah, the beauties of an open forum. Thanks, Max!
Jo-Elin Fennessey Howard
10:32 am on Monday, March 26, 2012
Gov. Christie is trying to get the pathetically broken court system back to some degree of order---the pendulem needs to swing the other way to get balance back in NJ---He has worked so hard to get the state in order---congrats to him!!!
Meredith Mascitello
10:43 am on Monday, March 26, 2012
The Democrats are not obligated to keep the court in balance. All lawmakers are obligated to confirm competant judges who will not legislate from the bench.
R. Swanson
12:12 pm on Monday, March 26, 2012
This editorial is a sham piece demonstrating that Ms. O'Dea lacks any kind of understanding of a) how the judicial appointment process is supposed to work and b) the shameless political hatchet job done to Mr. Kwon last week by the Democrats. The Governor has the sole perogative to appoint anyone he wants to the Supreme Court, and should not be bound by "traditions" that have no rooting in the State Constitution at all, and which "traditions" have guaranteed a left-leaning Supreme Court utterly devoid of any "balance" for decades. I guess Ms. O'Dea and the Democrates like "balance" when it guarantees court decisions they favor, like the reckless Mt. Laurel and Abbott rulings which have saddled residents of this state with the highest property taxes in the nation in the name of "fairness". The Governor, duly elected by the people of the state, has every right to nominate judges who reflect his political viewpoint. That's not "packing" the court - it's injecting the will of the people into the judiciary, even if it's not always the will of leftists like Ms. O'Dea.
Joseph Buongiorno
1:32 pm on Tuesday, March 27, 2012
Well said. The activist courts at any level dictate to the people their views. At least when the governor or the legislature does something the people do not like, we have the opportunity to vote them out of office. With the supreme court, both state and federal, we do not have that opportunity. The court sole function is to determine if a law violates the constitution not to legislate from the bench. You are correct, our court has destroyed this state and has forced an exodus of people to move elsewhere
Tammy
12:21 pm on Monday, March 26, 2012
So Freedom of Speech and Freedom of the Press unless you are a Democrat according to Max. I really find it sad that in a country that was founded with the intent of celebrating and embracing differences that so many Republicans resort to nastiness when referring to Democrats. If it doesn't conform to a Republican's point of view it is "vomit" and "a guise". When referring to the person expressing the opinion that is decidedly not the general opinion of the conservatives they are "screeching" and a "banshee". While I realize that Max does not speak for all Republican's it has been my experience that most of the Republican's I have interacted with speak of Democrats with derogatory comments and a complete lack of respect. I am a registered Democrat but if a Republican and I were having a discussion I might actually see their point if they could get past the snide remarks. Doesn't appear that I will ever get the opportunity to test out that theory though.
Al Beronio
8:57 am on Tuesday, March 27, 2012
Tammy....snide remarks, indeed. Your post is rife with them. Take a deep breath and relax. And may I assume that you don't speak for all Democrats?
V
8:46 am on Thursday, March 29, 2012
Tammy - take a deep breath, relax, and take a bite off your chocolate stockpile. For one, I am not a Republican, so half of what you say makes no sense whatsoever. For another, you are clearly incapable of making a distinction between Freedom of Speech and posting partisan fluff in a *news* column. Ms. Colleen O'Dea is free to pollute the editorial section with her opinion.
FourScore
10:48 am on Thursday, March 29, 2012
Republicans are not just nasty with democrats, but with members of their own party. Just look at what went on with the GOP primary; Santorum saying that you’re better off voting for Obama instead of Romney. Look at how republicans call anyone within their own party a ‘RINO’ if they don’t consider them conservative enough. Is it any wonder that Obama is ahead of all GOP candidates in recent polls???
V
11:04 am on Thursday, March 29, 2012
Hookerman: As you perfectly well know, the term "RINO" is not offensive. It just means "Republican in name only". And I'll take any Republican - even one as dumb as Santorum - over the Chicago thug. Speaking of the devil, would you like me to quote some of the methods Jug-Ears got rid of his competition while running in Chicago? Republican primaries look like an elderly knitting circle in comparison. :)
FourScore
11:58 am on Thursday, March 29, 2012
Oh really Max? Telling a loyal party member that they are not really a republican is not considered offensive??? Perhaps you should ask Senator Snowe whether she found it offensive being called a RINO after serving nearly 40 years with the republican party. Please show me any similar term that democrats use to put down their own party members who they feel aren’t totally in line with their personal political beliefs. Please show me a democratic candidate who ever suggested that voters should elect the republican incumbent, rather than a member of their own party who happened to do better than him in the primary. The chasm within the GOP is bigger now than the chasm between the GOP and the dems. They are feeding on each other like the sharks that they are, and they’ve lost the confidence of the voters by doing so.
Al Beronio
12:32 pm on Thursday, March 29, 2012
Hookerman, ummmm! Have you checked some of the national polls lately showing a dead heat between the POTUS and any Repubican? For an incumbent to be suffering the disastrous approval ratings that he currently enjoys (?) is very telling.
V
12:50 pm on Thursday, March 29, 2012
Hookerman, I believe Democrats use the term "Blue Dog" for the same purpose. Sounds more offensive than "RINO" to me, but that's still fairly mild by modern standards of a political discussion. The problem with unifying Republicans is that conservatives come in many flavors (hawks, so-cons, fiscal conservatives, and libertarians), whereas liberals are united by their unequivocal love for free stuff. But mark my words, once Romney is nominated and the Bible-thumpers that now root for Santorum are properly appeased with a red-meat VP pick, Jug-Ears is as good as gone. Watch for SCOTUS to b**ch-slap some sense into him. :)
Tom Wyka
1:31 pm on Thursday, March 29, 2012
Mr Bernino.... Polls? Give these a try ....http://www.realclearpolitics.com/epolls/2012/president/president_obama_vs_republican_candidates.html (Warning - the ones on Sean Hannity's site are not scientific)
"Jug Ears"? "b**ch-slap?" Seems you have an unequivocal love of vitriol Max. Just sayin'
And the Blue Dog thing.... yeah ... that's what they call themselves (nothing but a few clicks away on the 'Internets' ... http://en.wikipedia.org/wiki/Blue_Dog_Coalition#History
V
1:53 pm on Thursday, March 29, 2012
Are you the same Tom Wyka that New Jersey voters routinely shove out the door? Then you're right for once, I don't exactly slobber for Bammie. Between "57 states", "Austrian language", "Hawaii is in Asia", and "oil for $1.12 a barrel", the moron has a record even Sarah Palin cannot match.
Tom Wyka
1:57 pm on Thursday, March 29, 2012
Oh Max - sorry - struck a nerve I see. :-) I'll try to be nicer to you next time. "Bammie"? There that's more civil. Good afternoon sir.
Al Beronio
2:01 pm on Thursday, March 29, 2012
Tom, thanks for the lead to Realclearpolitics. It eventually sumped me into this one...thought you might be interested (and it's not A Sean Hannity poll).
Fox is the most trusted television news network in the country, according to a new poll out Tuesday.
A Public Policy Polling nationwide survey of 1,151 registered voters Jan. 18-19 found that 49 percent of Americans trusted Fox News, 10 percentage points more than any other network.
FourScore
3:15 pm on Thursday, March 29, 2012
The Blue Dog Coalition is a term that a group of democratic congressmen used to refer to themselves. RINO is a term that republicans use to refer to others in a derogatory manner. Big difference. I can name a number of democrats who refer to themselves as ‘blue dogs’. Name one republican who self-identifies as a RINO.
V
3:43 pm on Thursday, March 29, 2012
Democrats referring to themselves as 'dogs', blue or not, strikes me as odd, akin to African Americans referring to themselves with the n-word (case in point: Trayvon Martin). But there are, of course, other options: http://en.wikipedia.org/wiki/Democrat_In_Name_Only
Veritas
12:41 pm on Monday, March 26, 2012
Congratulations to Gov. Christie for at least trying to repair NJ's broken Judicial System and get it back on the path to balanced objectivity...And to hell with the slanted, Democratically-leaning rants of Ms O'Dea.
If Ms O'Dea is offended by Biased Politics, she should be OUTRAGED by the happenings in DC and by the biased actions by Democratic appointed Judges who summarily dismiss ANY case which asks questions of Obama or the Obama Administration...And she should be absolutely LIVID with Obama's biased appointments to the SCOTUS...
Ms O'Dea is NOT an unbiased "reporter"...She is simply a mouthpiece for the Democratic Party.
Dan Grant
3:25 pm on Monday, March 26, 2012
What is it about the word Column that you people don't understand. Columns are opinion pieces. I am sure that if her COLUMN expressed an opinion your agreed with you would be posting praise. The problem is that you just don't have the ability to understand the differance between opinion and fact but given the proven ignorance of Faux viewers it is understandable.
spokey
5:00 pm on Monday, March 26, 2012
What is it about comments that you don't understand. I don't think I have ever seen an opinion piece / editorial that didn't include favorable and unfavorable responses.
Oh, and BTW, it is you who apparently don't know what the word "column" means. It is not by definition an opinion piece. Here are two online definitions for you:
readily identifiable heading and the byline of the writer or editor, that REPORTS or COMMENTS (emphasis mine)
a. any of two or more vertical sections of type on a printed page, esp on a newspaper page
b. a regular article or feature in a paper: the fashion column
so apparently the dictionaries think it can be either objective or opinion. Hmmmm
Louis C. Hochman
5:53 pm on Monday, March 26, 2012
Hey folks -- we appreciate the debate going on here.
A very large portion of what we post on the site is straight news reporting. But we do have some special features, including opinion pieces and letters to the editor.
Colleen's column has been a staple of our Monday mornings for a little while now. It's definitely an opinion piece, and our intention is that it's clearly presented as one. It's not meant to suggest that it's the official view of Patch or any given Patch site — it's just Colleen's viewpoint. She does a great job researching these and supporting her arguments, but there's certainly room to disagree with her—and we hope people who have feelings on any side of an issue she discusses feel free to chime in with constructive, respectful, thought-out points.
Louis C. Hochman
5:55 pm on Monday, March 26, 2012
Following my own comment ...
What's more -- We'd LOVE to see full pieces from readers who disagree on these particular topics, or on any others of local relevance. If you've got something to say, we want to hear it. Up at the top of the page is this Patch's editor (this post is shared across multiple sites, but you'll see the editor for yours there). Contact him or her, and we'll get your letter from the editor or guest column on the site. If you'd like to write routinely, we'd love to sign you up for our blogging platform. We want as many views represented as possible — because that's what sparks good, meaningful conversation.
John Dunphy
6:19 pm on Monday, March 26, 2012
I want to second what Louis said. Just because something appears on the site does not ever mean that's the end of the conversation. Far from it. The beauty of a site like Patch is that it does not just include what we write and post. It includes what you have to say, as well. You are not just limited to the space in the comments section. If you have something more to say, I encourage you to take up Louis' suggestion and either write a Letter to the Editor, write a guest column, or sign up for our blogging platform!
Al Beronio
6:47 pm on Monday, March 26, 2012
I must be missing something here. My complaint, and that of the very first poster, was that we did not think the Patch was the proper venue for political, controversial or biased commentary. (I confess I did not realize, as someone pointed out, that the columnist writes every Monday). If the intent is to raise readership because controversy draws in the bomb throwers ("Faux" news?....I can guess where that writer is coming from) then it has succeeded. I just think it's a misplaced effort. If it is deliberate, then I believe opposite views should be allowed, but not hidden in a Blog as one poster suggested; it shold be given equal time in an equally visible place.
Dan Grant
10:30 am on Tuesday, March 27, 2012
Patch does give equal time and space and writing a blog doesn't hide it. All blogs come with a headline as to the nature of the blog and guest editorials and letters to the Editor are welcome. Yes politics draws contriversial comments but so what and columnists write opinion but again so what. There are plenty of sites where you can read about Grandma's 100th birthday and the ratings of local highschool activities and nothing controversial but Patch does a good job of doing it all. BTW I am not paid by Patch (although I could use the money) but I do think they do a pretty good job in the various Towns it operates in. We have all lost any print news coverage and without Patch our ignorance of what goes on around us grows daily, including the opinions of others.
DidUReallyJustSayThat
1:19 am on Tuesday, March 27, 2012
Jaynee LaVecchia is at best an Independent (in her bleeding heart she's really a Dem). And since when did the NJ legislature get to overrule a person's choice of their own political affiliation?
Just because someone is appointed by a Republican, it doesn't make that person a Republican. And if you need any proof about Justice LaVecchia's real political persuasion, just check her most recent ruling reaffirming the Supreme Court's ability to direct unlimited amounts of NJsian's Income Taxes to the 31 districts formerly known as Abbott.
So what a deal, the Dems get a reliable liberal justice AND they get to count her as a "Republican." Please stop echoing the Dem meme.
The hearing was a disgrace and set a new low for political hatchet jobs. the seven Dems who voted no should all be ashamed of themselves, as should the columnist for trying to justify their actions. The only thing that would be worse than this column will be when she writes one up about a lack of bipartisanship or the coarsening of our political discourse.
Stephen Mindnich
9:55 am on Tuesday, March 27, 2012
The bigger point here that nobody is focusing on is that this is one more missed oportunity at property tax reform. Abbott wins again.
Tammy
11:36 am on Tuesday, March 27, 2012
@Al Beronio--Snide remarks? Where? Are they snide because they don't conform to your opinion? I suppose my last sentence could be taken as a bit snide but it really came from a place of disappointment, not the land of snarky. I would welcome discussing different sides of an issue with a Republican who presented their thoughts respectfully and listened to my thoughts on the matter respectfully, with an open mind, keeping in mind that we BOTH may have valid points. In MY EXPERIENCE that has never happened. It has always been "I am right simply by virtue of being a Republican and not only are you wrong because you are a Democrat you are less than intelligent because of it." By the way, you are correct--I do not speak for all Democrats. No where in my post did it say I thought I did. I spoke of my experiences, my interactions. Also, I am very relaxed, very calm. There was nothing hysterical or frenzied about my post. But that was a very nice attempt at trying to spin it in that direction. (Attribute all the snide you want to that last comment as snide was my intention in that instance).
Al Beronio
1:24 pm on Tuesday, March 27, 2012
Tammy, may I gently suggest that you try to find some new Republican friends? The population you seem to be dealing with may just not be representative of all of them. I will take your intended snideness with a grain of salt. :-)
Denobin
1:31 pm on Tuesday, March 27, 2012
A scan of comments throughout this site clearly reveals what side most of the vitriol comes from. Being loud and nasty does not make you right, it just makes you loud and nasty.
Al Beronio
2:19 pm on Tuesday, March 27, 2012
Amen! I hope this ends the fruitless bickering that resulted when the first poster and then mself merely opined that perhaps the PATCH was not the place where the uncivility of what passes for political discourse these days should find a home. It would appear that we were correct in our concerns.
Denobin
9:02 am on Wednesday, March 28, 2012
Al:
You may have a point. However there will always be those who see a bias toward one side or another in any reporting, no matter how seemingly balanced, and the accusations and rhetoric will fly. Good thing everyone has a voice here.
MotownRepub
7:45 pm on Thursday, March 29, 2012
You all do know who owns Patch, right? AOL, who also owns the Huffington Post. I'm just saying ...
Al Beronio
8:30 pm on Thursday, March 29, 2012
Huffington Post? Now there's a "fair and balanced" source....right after MediaMatters. Thanks fornpointing that out, MotownRepub.
Dan Grant
9:03 am on Sunday, April 1, 2012
Yeah, and Mathew, Mark, Luke and John, were liberals too, (Blessed are the poor, feeding the multitudes, ect.) so lets consider the source of the Bible.
V
11:40 am on Sunday, April 1, 2012
>> Yeah, and Mathew, Mark, Luke and John, were liberals too, (Blessed are the poor,
>> feeding the multitudes, ect.) so lets consider the source of the Bible.
They weren't liberals, silly. They were community organizers. :)