The State Senate yesterday voted to confirm Justice Patterson for tenure on the Supreme Court. She can now serve until age 70, the age of mandatory retirement. Her current term was to expire on September 1.
This blog endorsed Justice Patterson for tenure, as discussed here. It is good to see that Governor Murphy, a Democrat, and the Senate, which has a Democratic majority, elevated quality over partisanship in, respectively, nominating and confirming Justice Patterson, a Republican, for tenure. That action was in the best New Jersey tradition, which has been observed almost uniformly since 1948. The State Senate also set an excellent example for their federal counterparts, whose refusal even to consider President Obama’s nomination of Judge Merrick Garland to the Supreme Court of the United States in 2016 was nothing less than shameful.
Congratulations to Justice Patterson!
This is meant as a respectful dissent and not in any way meant as criticism of Justice Patterson. The more curative action of the misdeeds and politicization of the Court achieved by the former governor (and that will last a generation) would have been for Governor Murphy to have thanked Justice Patterson for her service and to have nominated and reappointed former Justice Helen Hoens to complete her term wrongly cut short by the former governor when he refused to reappoint her for tenure on our Supreme Court. It would have been equally non-partisan in reappointing a Republican nominated by former Governor Corzine, and would have returned a talented judicial mind to the Court. It would have taken courage, too. Just think also if President Obama had done something similar, such as naming former Justice O’Connor rather than Judge Garland in 2016, boxing in the ideologues who refused to act in the U.S. Senate. Naming justices is a legacy and the people who sit on our courts matter and more is involved than just calling balls and strikes. When Justice Hoens was denied reappointment, New Jersey lost a great jurist, and that error continues to have ramifications daily for New Jersey families. Governor Murphy missed the opportunity to make a statement that would have served both justice and principle, and instead merely honored a convention that at this moment served only to continue an injustice.