Temporary Assignments to Fill Vacancies on the New Jersey Supreme Court
White Paper on New Jersey Supreme Court
White Paper on New Jersey Supreme Court
In the wake of Governor Chris Christie’s decision not to reappoint Justice John E. Wallace, Jr., to the New Jersey Supreme Court, the President of the State Senate has refused to hold hearings on the nomination of Anne M. Patterson, whom Governor Christie has chosen to succeed Justice Wallace. With the timing of the confirmation of a permanent replacement for Justice Wallace thus uncertain, some have urged Chief Justice Stuart J. Rabner to temporarily assign either a retired justice or a senior judge of the Superior Court to fill the seat until Justice Wallace’s replacement has been confirmed. This paper addresses the constitutional issues that would be raised by a decision to make such an assignment.
Distinguished Professor of Law, Rutgers Law School
Earl Maltz is a Distinguished Professor and the author of two books and more than 50 articles on constitutional law, statutory interpretation, the role of the courts and legal history. He teaches constitutional law, employment discrimination, conflicts of law and a seminar on the Supreme Court.
Professor Maltz is the author of Rethinking Constitutional Law: Originalism, Interventionism, and the Politics of Judicial Review (1994), Civil Rights, The Constitution and Congress, 1863-1865 (1990), and over 50 articles on constitutional law, statutory interpretation, the role of the courts and legal history. He received his B.A. from Northwestern University, where he was elected to Phi Beta Kappa, and his J.D. cum laude from Harvard. Professor Maltz teaches Constitutional Law, Employment Discrimination, Conflicts of Law, and a seminar on the Supreme Court.