The Senate vs. the Structure: Hector LaSalle’s nomination should be determined with a ground vote

When Gov. Hochul’s nominee to be the chief decide of New York State, Brooklyn Appellate Division Presiding Justice Hector LaSalle, is sworn in at 10 a.m. this morning for his state Senate Judiciary Committee affirmation listening to, we all know exactly what Chairman Brad Hoylman-Sigal’s first query must be and what LaSalle’s response must be.

Query: Does the state Structure and state legislation require the total Senate of 63 senators vote up or down on this, or any, nomination to the Courtroom of Appeals?

Reply: Sure, with none doubt.

After that, Hoylman-Sigal and his dozen Democratic colleagues on the bulk facet and the half dozen Republicans on the opposite facet of the committee ought to probe LaSalle — the only real witness to look — on his expertise as a lawyer and a decide. They need to plumb his judicial philosophy. They need to ask him about vital circumstances he dominated on, inquiring deep into his signed opinions and dissents.

For his half, LaSalle ought to clarify his views on the legislation and function of the courts and element his administrative perspective (because the chief decide runs the entire state courtroom system). He also needs to use the committee discussion board to deal with accusations from his foes that he’s anti-abortion and anti-labor and poses a hazard to New Yorkers.

After which the 19 committee members will vote. It’s attainable that LaSalle received’t obtain a majority of “aye” and “aye with out suggestion” votes and shall be deemed defeated beneath the Senate guidelines. The Senate guidelines are vital and the physique’s proper to have them is enshrined within the Structure. But additionally enshrined within the Structure is that LaSalle’s identify should be put for a vote of the total Senate.

When Senate guidelines and the Structure battle, the Structure should prevail. Rep. Hakeem Jeffries, a lawyer, a former Meeting member and now minority chief of the Home of Representatives, had it precisely proper the opposite day that LaSalle’s nomination should be voted on by the total Senate.

Senate Majority Chief Andrea Stewart-Cousins’ responsibility is evident: Committee first, then to the ground.