They’re Wrong:  Again!!! 

After 8 months of deliberation and on the heels of an Appellate Court decision that ruled in favor of a recall effort against US Senator Robert Menendez, New Jersey’s highest court voted 4-2 to reverse the appellate court ruling that allowed a tea party group to recall Senator Menendez over his support for national health care reform.

In the ruling, the Justices stated: “the Court therefore concludes that the provisions of the (Uniform Recall Election Law) and the Recall Amendment pertaining to U.S. Senators are invalid, but otherwise will allow the laws to remain in effect as they relate to state and local officials.”

Does it not continue to be amazing that the NJ Supreme Court is not populated by great judicial minds, but perhaps some of the most arrogant and little minds that have ever served on the this bench or the bench of any other court as well?

This is the same court that in deciding on a redistricting decision after the last decennial census in the case of splitting Jersey City into multiple legislative districts, agreed that the plaintiffs were right, but started their majority decision with the following: “…The Constitution notwithstanding…”!  Not, withstanding?  Are you kidding me?

What they said was that regardless as to what the constitution says, we’re ruling otherwise!  Is it any wonder that so many people are now clamoring for either electing NJ’s judges or at least making them stand for retention elections?  The absolute absurd arrogance of a “gang” of less than 7 people can say that the constitution is unconstitutional is appalling and beyond comprehension. 

What is it going to take before the legislature finally has had enough of this complete destruction of the concept of the separation of powers clause to pass legislation that will do away with lifetime tenure for judges?  While elected officials need to be subjected to recall and elections and definitely term limits, there is no accountability with judges.

They do not issue rulings, they issue decrees.  The idea is that we are a county with a system of laws that are passed under the mantle and protection of both state and federal constitutions.  The debate that judges need to be independent of the political process is a totally bogus argument.

First off, every judge is appointed by an elected official; a mayor or the Governor and other elected officials pass judgement on that appointment.  So, if the person doing the appointing is a political figure and the people doing the evaluation of the appointment are political figures as well, then exactly where is the logic of someone trying to make an argument that electing judges would politicize the judicial process?  Even if it did, there would be no logic, given the reality that a second appointment to any position on any state bench is done by an elected official, to the argument that election of judges would be any more political than the current process.

Title XIX, the bible for NJ Election Law states: 

19:27A-2.    Power to recall elected officials:

2.   Pursuant to Article I, paragraph 2b of the New Jersey Constitution, the people of this State shall have the power to recall, after at least one year of service in the person’s current term of office, any United States Senator or Representative elected from this State or any State or local elected official in the manner provided herein. 

So, if the statutes specifically refer to the NJ Constitution, then again, not only is this gaggle of stupidity flat out wrong, it is another example of the worst kind of judicial activism.  They are not just overruling the Appellate Court, but they are saying that the power vested by the constitution is wrong.

That is the absolute epitome of arrogance and it is not the first time nor will it be the last time it will occur if we allow this.  Once and for all, either elect judges or make them stand for retention elections.  No one neither person, nor one group of people has the permission or legal or constitutional authority to do what the NJ Supreme Courts continue to do, amend the laws and even the constitution by Judicial Fiat.

I strongly urge the leaders of the Menendez recall effort to appeal this decision all the way to the US Supreme Court.  Perhaps there are minds in that august body that actually understand the concept of the constitution and judicial restraint.

In New Jersey, however, it is time to change both the legislative and constitutional authority that allows for a continuation of this of arrogance.  If absolute power corrupts absolutely, this is the absolute in judicial corruption as well and it is time for this type of judicial corruption to come to an end.