New Jersey's 39th Legislative District

Senator Gerald Cardinale

Senator Gerald Cardinale

Cardinale: Two Members of the Court Acknowledge That Constitutional Boundaries Have Been Exceeded

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Senator Gerald Cardinale noted today that two of the five voting members of the New Jersey Supreme Court dissented from the latest Abbott Decision because the “relief demanded of this court treads on the constitutional prerogatives of the Legislature and the Executive branch.” Cardinale stated:

“The two dissenting opinions of the court are very telling. Two justices argued that the court had no right to order the Legislature to spend money. This is a principle that is maintained in both the state and federal constitutions. Only the Legislature can appropriate and spend the taxpayers’ money, not the executive branch and certainly not the Supreme Court.

“In the second dissent the two Justices acknowledge the abject failure of the Senate Democrats to fulfill their constitutional obligation of advice and consent. The determination made by the court today was by a 3-to-2 vote. Clearly, in a case that literally impacts the wallets of every person living in the state the court must acknowledge that a minimum of four votes are needed to grant relief on this motion.

“The Court has ignored the Constitutional provision that all education aid be distributed for the equal benefit of the state. (Article 8, Section 4, paragraph 2) this provision of the State Constitution is as binding as any other and should not be disregarded by the Court to further their misguided ambitions of social engineering.

“It is extraordinary that the Court is not averse to violating the very principles it is sworn to uphold. I object to the court’s arrogance and to its conduct. Today was a very bad day for the American system of jurisprudence.”

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