When the Senate breaks the law

Someone had to sue to force the derelict New York State Senate to fulfill its clear legal duty under the state Constitution and New York statute to vote on the nomination of Hector LaSalle to be chief judge of the Court of Appeals, the state’s highest court. We called for a lawsuit when Majority Leader Andrea Stewart-Cousins claimed that the disapproval of the Judiciary Committee would suffice and that there would be no floor action.

One obvious plaintiff would have been Gov. Hochul, who nominated LaSalle, and who contends, quite correctly, that the 63 elected senators (42 Democrats and 21 Republicans) are required to pass judgment on her pick. They can approve LaSalle by acclamation or reject him unanimously, or anything in between. But a vote is a must. We would urge him to be confirmed, but the Senate must vote either way.

Unfortunately Hochul, perhaps not wanting another fight with her Democratic partners, weakly stood down and so up stepped Sen. Anthony

Palumbo, a Long Island Republican and the ranking minority member of the judiciary panel.

The state Senate in Albany is different from the U.S. Senate in Washington. Unlike their federal counterparts, who legally can ignore nominations — as shamefully happened with Merrick Garland — on the state level there is a constitutional and statutory commandment to vote on judicial nominations to the Court of Appeals. The Senate disagrees and now the courts will decide.

Don’t bet that the Senate will prevail here. Last year, the Senate was found by the courts to have violated the Constitution with their redistricting maps. The chamber had to have new lines drawn by a special master.

While we think that LaSalle is an excellent jurist and should be confirmed, the fight is also about the powers of the governor and the Senate. And the governor needs to win.

As for LaSalle, he should not back down. Let him win the right to a vote. And then let him win the vote.