Justice John Wallace

Well, the hot topic of the moment is whether or not Governor Christie will
reappoint NJ Supreme Court Justice John Wallace. The rhetoric is getting
pretty heated on all sides. Mulshine and Lonegan are working hand-in-hand
to agitate the right over this appointment.

It won’t be a much of a stretch to motivate conservatives in New Jersey, who
proudly saw one of their own, Judge Samuel Alito, ascend to the top federal
court after a Republican administration tried to impose a nepotism
appointment on the basis of gender politics. In that instance, after the
Bush administration had done such a good job with the Roberts appointment,
it was hard to believe they were making such a huge mistake with Miers.

Now, the Christie administration has an opportunity to go on the offensive
against the court and re-establish the New Jersey Governor’s office as the
strongest state chief executive in the country. For too long the
Legislature and the Governor have been boxed in by the political dictates
from the Court. Let’s hope they learn from the Bush administration and pass
on the Miers style mistake, say Michelle Brown, and jump straight to the
Alito style success.

The most recent voice to chime her two cents in is Newark Assemblywoman L.
Grace Spencer. In her late April letter to Governor Christie, she quotes
the New Jersey State Bar Association, about how it would be a dubious
distinction for Justice Wallace to be the only Justice not to be
reappointed. In a press releases she trumpets this letter, headlining
that politics should be left out of the judiciary. Spencer conveniently
forgets that the Portiz and Vernerio appointments to the Court, and the
Farber near miss appointment, were based entirely on politics and
personality and not the practical abilities of any of the three lawyers in
question.

The Court has time and again asserted itself in the realm of politics. The
Lautenberg for Toricelli ballot switch and the decision to unilaterally
exceed the clear language of the state Constitution and create a right to
free public education for children three and four years of age, are just two examples. If Spencer
doesn’t want politics in the courtroom, maybe her next letter should be to
Chief Justice Stuart Rabner.

Then the unrelated issue of the race of the nominee becomes important to
Spencer. She speaks on behalf of the Legislative Black Caucus in Trenton.
While we’re glad to see that Senator Ron Rice has passed the torch of
spokesman for the black members of the Legislature, we’re disappointed to
see the flame remains awfully dim.

However, I wish to posit another motive for Assemblywoman Spencer’s interest
in this matter. Spencer was only first elected to the Assembly in 2007, and
has already elevated to the rank of Deputy Speaker and Vice Chair of
Financial Institutions and Insurance. We know that deputy speakers in the
Assembly Democratic Caucus are a dime a dozen, but Spencer previously served
on the Assembly Judiciary Committee. Is she angling for a return to that
committee as Chair if Greenstein wins her special election this fall?

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