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Breaking: Hochul's Conservative Judicial Nominee Defeated by Democrats in Judiciary Committee [1]

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Date: 2023-01-18

Justice Hector D. LaSalle, Gov. Kathy Hochul’s regressive nominee to the New York Court of Appeals, was just defeated by the state’s senate judiciary committee after a contentious hearing.

x WOW.



Only TWO votes in favor of advancing LaSalle: Sepulveda and Thomas.



Ten against: all other Democrats except Bailey.



Bailey and Republicans vote to advance without recommendation.



By a vote of 2-10-7 LaSalle is NOT recommended by the Judiciary Committee. — Sam Mellins (@SamMellins) January 18, 2023

After a hearing that evoked recent federal Supreme Court hearings, 10 Democrats voted to deny advancing his nomination, 2 voted in LaSalle’s favor, and 1 voted to advance the nomination without recommendation. All 6 GOP committee members voted to advance without recommendation, despite uniformly asking very favorable questions.

What this means is not entirely certain. Hochul has previewed that if/when the judiciary committee votes against LaSalle, she will persist in the nomination, even potentially forcing a state constitutional crisis. Senate Democrats have taken the position that because the Senate is the arbiter of its own rules, the nomination is defeated if (as now has occurred) the nomination fails to advance out of committee. Gov. Hochul has argued that the constitutional requirement that the senate approve or reject a nominee means that her embattled nominee is entitled to floor vote from the full senate, regardless of the committee vote, and she has hired one of the state’s former Solicitors General in possible anticipation of litigation.

How this all gets resolved is uncertain. At the very least, the more people who call/text/tweet/email their state senators to let them know they oppose confirming LaSalle to the Court of Appeals, the better. You can use this tool to do so. Whether forced by litigation, or merely just to prove a point to Gov. Hochul that she cannot strongarm the senate into getting her way, there is a chance this ends up getting a floor vote from the full senate, and it is incredibly important that senators’ constituents make clear that cementing a conservative majority on the state’s high court through 2030 is unacceptable.

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[1] Url: https://www.dailykos.com/story/2023/1/18/2147923/-Breaking-Hochul-s-Conservative-Judicial-Nominee-Defeated-by-Democrats-in-Judiciary-Committee

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