Monday, January 3, 2011

NJ Supreme Court Justice Rivera-Soto will step down

NJ Senate President Sweeney and Justice Rivera-Soto
Roberto Rivera-Soto, an Associate Justice of the New Jersey Supreme Court, has announced he will not seek tenure and renomination when his initial seven year term ends later this year.

The jurist has refused to vote on any case in which a temporarily assigned member of the court sits. He believes that the court is unconstitutionally constituted and its actions are "ultra vires" because he interprets the state constitution's grant of authority to make temporary appointments as limited to those necessary to constitute a quorum. 

The court has one vacancy because the Democratic State Senate President Stephen Sweeney refuses to consider a pending nomination as a protest over Gov. Chris Christie's refusal to nominate for tenure the court's sole African American member because in Christie's view Wallace was a member of a liberal bloc which the governor seeks to dismantle.

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