Court to NY Senate: Take care of your own business
posted at 5:35 pm on June 16, 2009 by Ed Morrissey
Earlier today, I warned that court intervention in the leadership fight within the New York state senate could create damaging encroachment on the legislative branch from the judiciary. In a pleasantly surprising decision, the judge in the case agreed, throwing out the Democrats’ attempt to get the court to award them control of the chamber. Like any parent, he told the squabbling children to resolve their differences between them:
A state judge on Tuesday refused to overturn last week’s takeover of the State Senate by the Republicans, essentially leaving it to the Legislature to decide which party is in charge. …
The judge’s decision, issued by Justice Thomas J. McNamara of State Supreme Court on Tuesday afternoon, effectively puts the Senate at a 31-to-31 deadlock, but it also leaves Senator Pedro Espada Jr., a Bronx Democrat who crossed party lines last week, as the president of the Senate.
The judge denied the Democrats’ case and their motion for a stay, and the Democrats indicated that they would appeal. But by late afternoon, Democrats said they would not appeal.
“A judicially imposed resolution would be an improvident intrusion into the internal workings of a co-equal branch of government,” Justice McNamara said, adding, “Go across the street and resolve this for the people of New York.”
It makes sense for legislatures to go to court when disputing some sort of jurisdictional dispute with the executive branch, or to settle the question of constitutionality of law. It makes no sense at all for any legislature to rule on a leadership fight in either chamber in the American system of government. The branches are independent and co-equal; under what understanding of any Constitution, state or federal, would the judiciary have jurisdiction over the selection of legislative leadership?
The only one making sense at the moment in Albany is Judge McNamara, who wisely passed on the opportunity to overreach. Democrats and Republicans should heed his words and find a power-sharing accommodation if they want to get back to their jobs. Perhaps we can boil McNamara’s ruling down to two words, from the late, great Dan O’Herlihy in Robocop 2:
Blowback
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Wow! Color me surprised. NY has never been a clean place but in recent years it has become a reeking corrupt cesspit.
elduende on June 16, 2009 at 5:39 PM
Clap, clap, clap, … to Judge McNamara.
WashJeff on June 16, 2009 at 5:39 PM
Obvious there was no Wise Latina present.
portlandon on June 16, 2009 at 5:40 PM
Wow; judicial branch being judicial. Weird Concept.
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Now if SCOTUS had told POTUS he does not get to violate contract law and throw bondholder under the bus. But I digress.
Branch Rickey on June 16, 2009 at 5:42 PM
Hey, this is what we get in New York. We’re the morons who choose to live here (but perhaps not for long…).
Pope Linus on June 16, 2009 at 5:42 PM
Kind of goes along with the state high court’s decision on gay marriage — i.e., They told supporters it’s not our call to impose it like the Massachusetts Supreme Court; if it’s to become law, the governor and the legislature should be the ones to do it.
New York has its share of whackjob judges, going all the way back to Turn ‘em Loose Bruce and before, but at times it does seem to exhibit more judicial restraint than their Golden State counterparts.
jon1979 on June 16, 2009 at 5:54 PM
Like 2000 election?
Wade on June 16, 2009 at 6:03 PM
Take turns drinking shots of whisky. Last one to pass out wins!
I feel for the people of New York. However, you get what you vote for. Throw the bums out of office!
TN Mom on June 16, 2009 at 6:08 PM
Right answer.
Socratease on June 16, 2009 at 6:51 PM
Strawman.
SCOTUS ruling on electoral law and SCOTUS deciding who is in charge in a legislative body are two distinctly different things.
Get a grip.
BacaDog on June 16, 2009 at 7:50 PM
Another place that would make America better if it’d just fall into the ocean…NY
Jeff from WI on June 16, 2009 at 7:59 PM
In 2000, SCOTUS simply said the FL electors had to present their votes on time with the rest of the nation, regardless of for whom that would be. In other words, nobody gets to get “do-overs” until they get the “right” answer – the vote is the vote. Incidentally, over a year later the NYT finally got around to acknowledging that detail. Why can’t the rest of the Left, say, “move on” already?
Blacksmith on June 16, 2009 at 8:21 PM
Oh, don’t throw out the baby with the bathwater. Sure Manhattan, “the city,” etc is a political mess, but the vast majority of the state and the people that occupy it are great. It’s just hard for us to outvote all the illegal voters and brainwashed in the densely (and I mean that in every sense of the word) populated city.
DrAllecon on June 16, 2009 at 8:51 PM
Yeah, but the whiny babies in the Dem party will probably keep looking for some activist judge who will rule in their favor
ToddonCapeCod on June 16, 2009 at 9:41 PM
I loved RoboCop. I hated RoboCop 2. Detested it. Abhored it.
The grand irony is that RoboCop 2 was directed by Irvin Kershner, who IMHO directed the greatest sequel to be handed off by the original film’s director. The movie? The Empire Strikes Back.
(A close second: Aliens, directed by James Cameron.)
L.N. Smithee on June 17, 2009 at 5:36 AM
My bet would be that there are rules and laws that define what the actions should be in this scenario and everyone should be held to those. I guess you would have them find a “power sharing accomadation” like newt did when there wasn’t any reason to except to try and make himself look better. That worked out well didn’t it, ed? Twelve years of republican, lawful, citizen determined control right down the toilet. Nothing done because newt and the republicans bent over and grabbed their ankles and were “accomadating” as you suggest.
peacenprosperity on June 17, 2009 at 7:51 AM
In 2000 the courts ruled that the Gore team was using an illegal method to count the ballots.
How is that comparable to this situation?
MarkTheGreat on June 17, 2009 at 8:03 AM
The florida 2000 election is the only close election the libtards ever lost,not that they didn’t do their best to steal it.They’ve never gotten over it.We can name examples since then when the vote was fairly close and the democrat always wins.ALWAYS!Just demand recounts and find boxes of ballots in somebodys car or come up with a vote total in some precincts that far exceed the number of registered voters.Democrats can never win a fair contest.
pistolpetestoys on June 17, 2009 at 9:36 AM
From coast to coast, NY to Cali, the political class is beclowning itself. I’m not a historian but I don’t think there has been another time like this where every level of the political structure has been proven to be manifestly incompetent and cotton-headed.
thegreatbeast on June 17, 2009 at 12:52 PM