Gov. Hochul Is Learning: New Court of Appeals Picks

If you want to understand what the Governor’s inspired decision to nominate RDW to be chief judge means, check out @CCA_NY’s clear and even-handed fact sheet below.

Today is a *great* day for New York. Brava @GovKathyHochul! https://t.co/jX1P09KBsZ

— Noah Rosenblum (@narosenblum) April 10, 2023

Gov. Hochul really messed up her first big responsibility to start her full term though it carried over from the end of her first term. 

She's learning.  Prof. Rosenblum was a strong opponent of her first pick for the chief judge of the New York Court of Appeals (highest court). He is now one of many critics very supportive of Judge Rowan Wilson, an existing liberal on the court.  He would also be a "first," the first African-American chief judge.  

Gov. Hochul is also craftily finding a way to bring in a more moderate pick.  Caitlin J. Halligan is another option that on paper in various respects looks like a good pick (see her first failed pick). She was formerly a solicitor general of New York (the "Elena Kagan" route).  She was a blocked Obama nominee to the federal bench. And, to quote the organization cited in the tweet:

In her pro bono work in recent years, Halligan has argued in favor of defendants’ constitutional rights to confront witnesses against them, the constitutionality of New York City’s rent control statutes, and New York State’s right to require Amazon to provide better conditions for their workers than those required by federal law.

Yes, there is a "but," though it's doubtful with the general abhorrence of the New York Senate to block nominees, the first half of the package (if he's confirmed, Halligan would fill the vacancy), and the rest of her record. Halligan has also defended corporate clients and in her official governmental role advanced conservative arguments.  But, if corporate clients are a choice, so are pro bono clients. 

She is replacing a conservative. A great leader would be put in place and the bench still should shift to 3-2 overall.  Halligan is someone you expect a conservative in various ways Democrat like Gov. Hochul (Cuomo's choice for lieutenant governor) would choose.  But, as a package, I think this is okay. If she did this the FIRST time, it would have gone even better.  

It's hard to see either not confirmed though there is some grumbling among Republicans that it is illegal to nominate two at once in this fashion. Seems like a picayune dispute that won't be having staying power.