Andrew Jackson, Roy Moore, Roberto Rivera Soto, and the Rule of Law

by: Scott Weingart

Thu Jan 27, 2011 at 01:08:40 PM EST

"I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the Governments established in the United States and in this State, under the authority of the people So help me God."

The event was only ceremonial—the justice had been formally sworn in two weeks earlier. But it represented an idea that is central to our system of government: the rule of law. We take it for granted that public officials and citizens will respect and follow the courts' decisions, even when they disagree with them. But it wasn't always this way.

New Jersey Supreme Court upholds free speech, even if it is an inflatable rat

by: Hopeful

Thu Feb 05, 2009 at 12:42:58 PM EST

The Lawrence Township sign ordinance is overly broad because it has almost completely foreclosed a unique and important means of communication. Non-verbal, eye-catching symbolic speech represents a form of expression designed to reach a large number of people. The Township's elimination of an entire medium of expression without a readily available alternative renders the ordinance overbroad.

This 2006 Blue Jersey photo shows "eye-catching" is the right description:

While the giant rat gives the story a good hook, this is an important decision as local officials try to shut down protests and free speech expressions, from an obscure local gym in New Jersey to the National Conventions.  

News Round-up and Open Thread for Thursday, June 14, 2007

by: Sharon GR

Thu Jun 14, 2007 at 07:53:55 AM EDT

• Discussions of the Supreme Court's eminent domain ruling, and its implications for other towns, top the news this morning: The Gloucester County Times, The Star-Ledger, The Philly Inquirer, Asbury Park Press, NY Times, The Record.
• The Supreme Court also issued a ruling yesterday about the protection for reporters once they provide information voluntarily.
• Sen. Nia Gill is still holding up hearings on Stuart Rabner's confirmation for Chief Justice of the Supreme Court. Gill apparently has questions about his civil law experience and the input into Corzine's decision to nominate him.
• Pet projects of lawmakers pushed up the budget by $189.2 million; for the first time, public hearings will be held on the "Christmas in June" items. You can search through the proposals on the state's legislative web site here.
• At a union convention yesterday, Gov. Corzine pushed for the paid family leave bill to be passed before the end of the month. Senate President Codey wants more discussion with business before calling a vote.
• More UMDNJ troubles- Paul Mehne, the dean overseeing the Camden campus of the embattled school, has been suspended amid the investigations into financial issues and abuses. He had planned to retire later this month.
• The Dept. of Education has proposed new rules for drug testing of students in order to provide uniform conditions for tests; some schools say it's overkill and may push some schools to drop their programs.
• Our Fair State's image is improving, even among our own residents. What's not to love?

NJ Supreme Court Restricts Eminent Domain

by: Lacey Davenport

Wed Jun 13, 2007 at 02:21:41 PM EDT

State law requires that a piece of property must be "blighted" in order to be taken by a municipality. 

The court found that while the meaning of blight has evolved, the term still essentially means land that is deteriorating or stagnant in a way that has a negative affect on the surrounding property -- not that is just "underutilized."

Paulsboro's interpretation of the law "cannot be reconciled with the New Jersey Constitution," wrote Chief Justice James Zazzali.

Some, including New Jersey's Public Advocate, have been calling for limitations on municipalities' use of emiment domain for some time.  The legislature has considered several bills to restrict and clarify the use of eminent domain but I don't believe any action has been taken.

This decision will have a big impact on how municipalities go about redeveloping their communities.  It leaves us with many questions:  How will the line between "blighted" and "underutilized" be drawn?  Will residents watch properties go from ugly to abandoned to appalling before anything can be done?  Will this cost taxpayers more in the long run?  The eminent domain debate is far from over.

News Round-up and Open Thread for Thursday, May 24, 2007

by: Sharon GR

Thu May 24, 2007 at 08:54:16 AM EDT

• A NJ Policy Perspective report shows that the state has lost money by limiting enrollment in the FamilyCare insurance plan, designed for low-income families. According to the study, increasing enrollment and fully funding the program would reduce charity care & emergency room visits and increase federal funds available, which would all lower costs while providing better care.
• Think no one would want to lease- sorry, monetize- Our Fair State's toll roads? Would higher tolls sweeten the deal?
• Speaking of toll roads, the Turnpike Authority is claiming copyright violations in the Internet distribution of a fatal crash video and is suing YouTube and others to stop showing the clip. GS Parkway officials are limiting access to the video surveillance system, which Kris Kolluri insisted is solely for"operational, law-enforcement reasons, not for entertainment value.?
• The State Supreme Court has been under increased protection since some whackjob radio host made their home addresses public last fall. The ranter, who has said "violence solves everything," has yet to be charged.
• NJ has subpoenaed MySpace's records for information on convicted sex offenders. Info on unconvicted sex offenders, unregistered offenders or those using the site anonymously will not be obtained.
• The Oyster Creek nuclear plant will continue to operate despite several low-level safety violations, and has been warned of increased scrutiny this year by the Nuclear Regulatory Commission. A decision on renewing the plant's operations licence for another 20 years is expected around January 2008.
  
• Joe Cryan and Tom Wilson are having a shouting match over financial issues and private email between the Gov and Carla Katz, with Wilson threatening to sue to release the correspondence and Cryan criticizing Wilson's tirade: "Mr Wilson is doing nothing better than engaging in political voyeurism." Sorry- maybe I should have put this in the same category with American Idol that I dismissed earlier; let's call it "Gossipy non-news."
• One more casualty of global warming: our State Flower, the blue meadow violet, may disappear by the end of the century. Many wild flowers will be endangered; 17 other state flowers are threatened, according to a report by the National Wildlife Federation.

Freedom of speech, private communities

by: Hank Kalet

Thu Jan 04, 2007 at 03:45:04 PM EST

The state Supreme Court today is hearing (right now, actually -- go here) an East Windsor case with widespread implications.

On the surface the case -- which pits a group calling itself the Committee For A Better Twin Rivers against the Twin Rivers Homeowners' Association -- seems a local dispute. But the issues -- whether residents who move into housing developments governed by homeowner associations sign away their constitutional rights as part of the covenenats they sign.

REMINDER: Garden State Equality statewide rally on the night of the NJ Supreme Court decision

by: Steven Goldstein, Garden State Equality chair

Wed Oct 11, 2006 at 08:58:10 AM EDT

Garden State Equality's statewide rally for marriage equality, Unitarian Church of Montclair, 67 Church Street, Montclair, New Jersey.

The New Jersey Supreme Court gives one day's notice, maximum, on which decisions it is handing down the next day. The Court announces its next-day schedule of decisions at http://www.judiciary...

Garden State Equality will post here on Blue Jersey and e-mail those of you on our e-list as soon as we get word from the Court's site or some other way.

The bottom line: Because there won't be more than a day's notice about the decision's timing and night-of-decision rally, please check BlueJersey and your e-mails as often as possible in the days ahead.  When
you see our posting or e-mail that the decision is coming down "the next day," please contact everyone you know through calls and e-mails to get them to the night-of-decision rally.

A massive turnout at the rally is a must. If our side wins, our campaign is about protecting the victory from a state constitutional ban on marriage equality. If our side loses, our campaign for marriage equality seamlessly surges forward to pass a marriage-equality statute in the state legislature.

For the complete schedule of Garden State Equality events around the marriage-equality decision and throughout this fall 2006, visit www.GardenStateEquality.org

Any questions, please don't hesitate to contact me at (917) 449-8918 or Goldstein@GardenStateEquality.org.

Thanks, everyone!

Three weeks or less until the NEW JERSEY SUPREME COURT DECISION ON MARRIAGE

by: Steven Goldstein, Garden State Equality chair

Tue Oct 03, 2006 at 09:44:26 AM EDT

LISTED BELOW are Garden State Equality's three events around the decision, including a big statewide rally on the night of the decision at 7 pm, Unitarian Church of Montclair, 67 Church Street, Montclair, NJ. 

These events will take place whether our side wins or loses the case.  If our side wins, our campaign is about protecting the victory from a state constitutional ban on marriage equality.  If our side loses, our campaign for marriage equality seamlessly surges forward, building on our tremendous momentum of the last four years.  We would instantly pivot to passing a marriage-equality statute in the state legislature.

The New Jersey Supreme Court does not give more than one day's notice on which decisions it is handing down the next day.  The Court announces its next-day schedule of decisions at  http://www.judiciary...

Garden State Equality will post here when notice is posted there or we hear some other way. 

Should any of our decision-related events LISTED BELOW conflict with a previously scheduled Garden State Equality event, of course the decision-related events will supercede the other events.  Garden State Equality's complete fall schedule is at www.GardenStateEquality.org

When we post that a decision and our statewide rally is happening the next day, please e-mail everyone you know to get them to the rally.  There will be very short notice and we're counting on your word of mouth.  Thank you so much -- we appreciate all you do.  Best, Steven Goldstein, chair, Garden State Equality, Goldstein@GardenStateEquality.org or cell (917) 449-8918.

Garden State Equality's big statewide rally featuring same-sex couples from every county in New Jersey.  DAY OF DECISION at 7:00 pm, Unitarian Church of Montclair, 67 Church Street, downtown Montclair.  If our side wins the case, this rally is about protecting the victory from a state constitutional ban on marriage equality.  If our side loses the case, this rally -- and our entire campaign -- is about passing a marriage equality statute in the state legislature. 

Garden State Equality and three legal organizations present a telephone town meeting on the legal impact of the Supreme Court decision.  ONE DAY AFTER DECISION at 7:00 pm, dial 1-800-566-8440, then enter code 479740.  With lawyers from Garden State Equality, Lambda Legal, the ACLU of New Jersey, and the LGBTI Rights Committee of the New Jersey Bar Association.

Garden State Equality's post-decision rally in South Jersey.  TWO DAYS AFTER DECISION at 7:00 pm, Trinity Episcopal Church, 207 West Main Street, Moorestown.