Senator Kevin J. O'Toole

O’Toole: “Democrat Litmus Tests for Supreme Court Nominees Are Wrong, Hypocritical”

Senator Kevin J. O’Toole (R- Essex/Bergen/Passaic), a member of the Senate Judiciary Committee, said today that he is extremely troubled by ultimatums issued by Democratic leaders to the Governor regarding two upcoming Supreme Court vacancies:

It is troubling that Democratic leaders would publicly state that no Supreme Court nominee will be considered unless he or she meets their own ideological litmus tests and other preconditions.

Given that they have spent two years accusing the Governor of politicizing the Judiciary and trying to shape it to his own ideological liking, their position is the height of hypocrisy.

There are no ideological or personal preconditions set for nominees by the Constitution, other than having been a member of the New Jersey Bar for ten years. Therefore, the Senate’s advice and consent on a nomination should be based on merit and qualifications, not political agendas or personal preference that are not provided for under the law.

I would encourage the Majority to cast aside their desire to pick a political fight with the Governor and consider his nominees on the merits of their legal careers, not their own preconceived notions of an acceptable nominee that have no basis in the law.




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a division of the New Jersey Legislature, State of New Jersey