Tue Oct 18, 2011 at 10:57:00 AM EDT
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| Late yesterday, Mercer County Superior Court Judge Linda Feinberg struck down a portion of the pen/ben law that reduced pensions and benefits for state judges. The decision, available here, is a pretty straightforward application of a constitutional prohibition against the legislature tampering with judicial compensation once promised. The Christie Administration had argued that "compensation" did not include any benefits or pensions, and really just meant salary. Judge Feinberg found that case law and the history of the constitutional convention (you know, intent of the founders, originalism - very conservative ideas) made that twisting of words implausible.
Judge Feinberg is known as a fair and cautious judge, and frequently rules on major constitutional issues given her role as the top judge in Mercer County trial court (where most state offices are located and thus many cases against the state are brought). Her past rulings have cut both ways - see for example her decision blocking then-Gov. Codey from using debt to cover state operating expenses based on the State Constitution. Just last year she refused to block an earlier pension and health benefit law from going into effect despite
a suit by the police union. She also ruled against gay marriage in the trial court decision that became the Supreme Court's civil union decision - Judge Feinberg wouldn't even require civil unions.
Especially given that context, this statement by Gov. Christie last night on the decision is shocking:
This outrageous, self-serving decision, where a judge is protecting her own pocketbook and those of her colleagues, is why the public has grown to have such little faith in the objectivity of the Judiciary. These political appointees, who are the most lavishly paid public workers, with the richest lifetime benefits, have now had one of their own rule that they are above the law and should be treated preferentially. We trust that the Supreme Court will reverse this ridiculous decision and find that judges should have to pay their fair share, just like every other public employee. |
| the_promised_land :: Part of pen/ben struck down, Christie bashes independent judiciary |
| Christie is essentially arguing that the judiciary doesn't work and isn't objective - extending the classic right-wing strategy of saying that government doesn't work to the judiciary, at the same time as he has taken unprecedented steps to compromise the independence of the judiciary. As usual, his chutzpah knows no limits - saying that the public doesn't have faith in the judiciary's independence, while actively compromising that independence to a far greater degree than any Governor in modern New Jersey history, leading to criticism even from his mentor Gov. Kean.
This statement, in fact, is just another example of Christie berating a judge for doing exactly what the far right supposedly wants her to do - using an originalist, close textual reading of the Constitution. At the end of the day, Christie's real judicial philosophy is that he wants judges beholden to him, damn the actual law. Which is why it is so scary that he will get to appoint two more state Supreme Court judges next year - and so important that the Senate exercise its advice and consent powers carefully. |
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