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ALBANY — A state Senate hearing on Wednesday at the Capitol could make or break newly-elected Governor Kathy Hochul’s hold on power – just weeks into her term.
Members of Hochul’s Democratic Party who lean to the left oppose the nomination of Judge Hector LaSalle to be New York’s chief judge on the grounds that he is not sufficiently progressive, despite the fact that his record indicates he is a moderate.
“Do the progressives oppose the appointment of Judge LaSalle? They are on their approach to gaining control of the state government and neutralizing the governor, political strategist Hank Sheinkopf said Tuesday to The Post.
LaSalle will have the opportunity to make an opening statement at the 10 a.m. meeting before the newly expanded 19-member state Senate Judiciary Committee, who will question him twice before deliberating on his nomination to become the first Latino to lead the Court of Appeals.
In order to be confirmed, he would require at least 32 votes from the chamber’s 63 members.
A majority of the committee could vote yes or no on the nomination or just forward it without a recommendation to the floor for an up-or-down vote, as Hochul has maintained is required by the Constitution despite concerns from state Senate Democrats.
“I expect a fair and thorough hearing, one that provides some respect for the process and the nominee as well as a vetting of his decisions and views on where he would like to take New York’s court system,” Judiciary Committee Chairman Brad Hoylman (D-Manhattan) said, adding that any vote on the floor would not occur this week.
Supporters of Judge Hector LaSalle assert that he adheres to the text of the law, whilst opponents refer to his past judgements as evidence that he is too conservative for New York.
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Opponents have said that a small number of LaSalle’s rulings demonstrate that he is too conservative on topics such as abortion, labor rights, and due process for criminal defendants, whilst his defenders assert that he is an experienced jurist whose past work has been misinterpreted.
After years of a somewhat centrist court under former Chief Judge Janet DiFiore, who resigned in disgrace last summer, LaSalle’s confirmation would likely prevent the Court of Appeals from veering toward the progressive agenda that the opponents desire.
Both parties appear to think that Hochul botched the nomination in recent weeks after progressive senators and union allies cautioned her against choosing LaSalle so soon after they helped her win an unexpectedly difficult campaign against Republican Lee Zeldin.
“It’s an honest mistake. “The only reason this is still a fight is because the Second Floor fundamentally misreads the political landscape,” a Democratic source said of the governor, whose offices are located below the state Senate chamber on the third floor of the Capitol.
Hochul will need most, if not all, of the 21-member Republican minority in the state Senate in order for his nomination to be confirmed assuming Senate Democrats do not stop it in committee.
In a recent interview with Gotham Gazette, state Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) remarked of LaSalle’s candidacy, “The numbers are not there in my conference.”
Hochul has supported LaSalle despite waves of opposition from leftists opposed to his being the first Latino to oversee the state judiciary.
Nevertheless, Hochul has not retreated from the mounting conflict with her former political supporters in the Legislature.
Hochul praised LaSalle as a “good man and a great judge” on Sunday, citing Dr. King’s admonition to be just and fair and to refrain from judging others.
“We do not wish to be evaluated, do we?” She stated, “I know in my heart that we are superior to that.
Hochul has further infuriated Senate Democrats by leaving up the possibility that she may sue the Senate if the full Senate does not approve on her confirmation following the committee meeting.
“At this point, this is a ludicrous hill to die on, and the struggle has many repercussions. Puts Latinos against Latinos. No one wins in this situation, said political consultant Camille Rivera.
Her desire to continue pushing for the nomination despite the odds contrasts with presidents who abandoned difficult judicial appointments when the political costs were no longer worthwhile, according to a Democratic insider.
If a president believes that his nominee for a judgeship or agency will almost certainly face resistance, he withdraws the candidacy. This is quite weird and sets a negative tone for the upcoming legislative session, added the person.
Doug Muzzio, a professor of public affairs at Baruch College, stated that anything short of a victory may do Hochul severe political damage just as she enters her first full term of office amid a “extremely high-stakes” contest with the Democratic state Senate supermajority.
“The governor will be severely punished if LaSalle is not confirmed. A denial of the nomination would be a direct blow to the head, he continued.
»Gov. Kathy Hochul’s choice for chief judge Wednesday, Hector LaSalle confronts the Dems’ gauntlet«