Even if Hector LaSalle’s nomination goes to the full New York Senate, he might well lose on the floor. But the larger point — how much control the Senate has over the process — is important. errollouis writes
in politics is shorthand for when leaders aren’t exactly drunk with power but are clearly getting a little bit tipsy. That is the dynamic among progressive Democrats in Albany these days, especially in the State Senate, which is why New York still does not have a chief judge.
“Since the current version of Article VI [of the Constitution] was adopted more than forty-five years ago, the Senate has held a floor vote to confirm or reject every single nomination made by a governor, regardless of whether the Senate was controlled by the same party to which the governor belonged,” the lawsuit reads.
Palumbo, who says he did not contact or coordinate with Hochul before filing the lawsuit, is seeking something analogous to, when Republicans controlled the Senate and Democratic governor Andrew Cuomo nominated a left-leaning law professor, Jenny Rivera, to the Court of Appeals. Republicans cast a committee vote expressing non-approval of Rivera for the court — but then forwarded the nomination to the full Senate, which confirmed her.
The matter should soon be straightened out by the Court of Appeals. “I have every confidence, just as has been done in the past when for one reason or another there was controversy, that nomination goes to the floor,” says Jonathan Lippman, a former chief judge.
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