
Hochul May Face Legal Challenge on Halligan Confirmation
Clip: Season 2023 Episode 16 | 11m 27sVideo has Closed Captions
GOP threatens legal action over Caitlin Halligan's confirmation as judge.
Rowan Wilson is confirmed by the state Senate as New York's new Chief Judge, while his old seat on the court is filled by Caitlin Halligan. However, Halligan's confirmation may lead to legal trouble as the GOP threatens to file a lawsuit against Governor Hochul and the Democratic Senate for an unconstitutional movement.
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New York NOW is a local public television program presented by WMHT
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Hochul May Face Legal Challenge on Halligan Confirmation
Clip: Season 2023 Episode 16 | 11m 27sVideo has Closed Captions
Rowan Wilson is confirmed by the state Senate as New York's new Chief Judge, while his old seat on the court is filled by Caitlin Halligan. However, Halligan's confirmation may lead to legal trouble as the GOP threatens to file a lawsuit against Governor Hochul and the Democratic Senate for an unconstitutional movement.
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Learn Moreabout PBS online sponsorshipBUT FIRST, SOME NEWS ON NEW YORK'S TOP COURT.
ROWAN WILSON WAS CONFIRMED THIS WEEK BY THE STATE SENATE TO BE NEW YORK'S NEW CHIEF JUDGE.
THAT WAS JUST ROUND ONE OF THIS WEEK'S JUDICIAL CONFIRMATIONS BECAUSE WILSON WAS CHOSEN FOR CHIEF JUDGE, HIS OLD SEAT ON THE COURT WAS LEFT OPEN AND THE SENATE CONFIRMED CAITLIN HALLIGAN THIS WEEK TO FILL THAT SPOT.
SHE'S THE STATE'S FORMER SHE'S THE STATE'S FORMER SOLICITOR GENERAL WHO HAS HAD A HUGE CAREER IN THE PRIVATE SECTOR AND WAS ONCE UP FOR A FEDERAL JUDGESHIP AND EVEN A HANDFUL OF REPUBLICANS CROSSED PARTY LINES TO SUPPORT HER.
BUT DEMOCRATS AND GOVERNOR HOCHUL COULD BE FACING SOME LEGAL TROUBLE OVER HALLIGAN'S NOMINATION.
LET'S START THERE WITH THIS WEEK'S PANEL.
JOE SPECTOR IS FROM POLITICO, AND MIKE GORMLEY IS FROM NEWSDAY.
THANK YOU BOTH SO MUCH.
SO MIKE, ON THIS POTENTIAL LAWSUIT FROM THE GOP AS OF FRIDAY MORNING AS WE'RE TALKING, IT HAS NOT BEEN FILED YET.
WE DID HEAR SOME COMMENTS FROM SENATE MINORITY LEADER ROB ORTT AND SENATE JUDICIARY RANKER ANTHONY PALUMBO ON THE POTENTIAL FOR A LAWSUIT.
WHERE ARE WE HEADED HERE?
WHAT DO YOU THINK?
WELL, IT IS HARD TO TELL BECAUSE THERE'S A LOT OF LAWSUITS THREATENED IN ALBANY THAT DON'T HAPPEN.
BUT WITH THE REPUBLICANS' CONCERN IS THAT GOVERNOR HOCHUL AND THE DEMOCRATIC SENATE REALLY DIDN'T AN UNCONSTITUTIONAL MOVEMENT.
THEY HAD TWO CANDIDATES.
THEY ELEVATED ONE CANDIDATE TO CHIEF-- CHIEF OF THE COURT AND CAITLIN HALLIGAN, WHO IS AN ASSOCIATE, TO THAT POSITION.
THAT MIGHT BE UNCONSTITUTIONAL BECAUSE THEY USED THE SAME LIST OF CANDIDATES.
RIGHT.
THEY PASSED A LAW TO MAKE THIS POSSIBLE.
RIGHT.
I MEAN, WE'RE NOT LEGAL SCHOLARS SO WE DON'T KNOW FOR SURE.
SURE.
BUT THE OTHER SIDE OF THIS IS THAT THE REPUBLICANS MAY NOT PURSUE THIS.
EVEN THOUGH THEY MIGHT HAVE A GOOD CASE BECAUSE MAYBE THEY'D GET A WORSE CANDIDATE.
SO IN NEW YORK STATE, THERE'S VERY FEW THINGS THAT ARE MORE POLITICAL THAN PICKING JUDGES.
BOTH PARTIES DO THIS.
SO ONE SIDE CLAIMING THE OTHER AS BEING POLITICAL IS JUST THE WAY IT GOES.
YOU KNOW, IT'S POLITICAL, PICKING JUDGES FROM THE TOWN AND VILLAGE LEVEL ON UP SO WE'LL HAVE TO SEE WHAT THEY DO, BUT THEIR CALCULUS IS GOING TO BE WHETHER THEY THINK THEY COULD WIN.
MAYBE THEY COULD, AND WHETHER THEY WANT TO WIN.
AND I WONDER WHAT HAPPENS IF THEY DO WIN.
I WOULD HAVE NO IDEA.
I GUESS IT WOULD BE UP TO THE JUDGE.
WOULD IT BE THAT IF THEY DO WIN THAT LAWSUIT THAT CAITLIN HALLIGAN IS PULLED OFF THE COURT OF APPEALS AND THEY HAVE TO RESTART THAT PROCESS?
WE JUST DON'T KNOW YET.
AS YOU KNOW, THIS IS YOUR BACKGROUND, THERE COULD BE A STAY WHERE EVERYTHING WOULD CONTINUE IN THE STATUS QUO UNTIL THERE WAS ANOTHER LIST OF POTENTIAL CANDIDATES AND A CHOICE MADE, WHICH ASSUME THE GOVERNOR WOULD MAKE THE SAME CHOICE.
SO THAT'S THE OTHER THING, IS IT MOOT?
THAT'S WHAT THE REPUBLICANS HAVE TO CONSIDER.
SO LITTLE UP IN THE AIR ON THAT RIGHT NOW.
SO I DON'T WANT TO GET ANY MORE INTO THAT BECAUSE WE HAVE TO SEE WHAT HAPPENS.
THERE IS PLENTY TO TALK ABOUT WITH THE BUDGET.
JOE, ON THURSDAY EVENING POLITICO AND A COUPLE OUTLETS REPORTED THAT HOUSING IS JUST BEING TAKEN OUT OF THE BUDGET ALTOGETHER.
WE'RE TALKING ABOUT THE GOVERNOR'S HOUSING COMPACT, TENANT PROTECTION, GOOD CAUSE EVICTION THAT TYPE OF STUFF.
WHAT'S GOING ON THERE?
THEY JUST COULDN'T GET TO A PLACE WHERE IT MADE SENSE, I GUESS.
YEAH.
YOU KNOW, HERE WE ARE THREE WEEKS, APPROACHING A MONTH FOR A LATE BUDGET AND THERE WERE TWO BIG PRIORITIES FOR THE GOVERNOR, BAIL, MORE CHANGES TO THE BAIL LAW, AND THEN THE HOUSING PIECE.
SHE WANTED TO HAVE 800,000 NEW HOMES BUILT OVER A DECADE AND THE REAL CONTROVERSY IN THIS WAS TO MANDATE THE SUBURBS, OUTER BURROWS, UPSTATE, THE WHOLE STATE TO ADD NEW HOUSING EVERY SINGLE YEAR, MANDATED.
AND IF THEY DIDN'T DO IT, THE STATE WOULD HAVE THE ABILITY TO OVERRIDE LOCAL ZONING LAWS AND REALLY THAT IS LIKE ONE OF THE THIRD RAILS OF POLITICS, RIGHT, IS TO TRY TO OVERRIDE LOCAL GOVERNMENT CONTROL, AND YOU SAW IT, RIGHT FROM THE ONSET.
LAWMAKERS, SUBURBAN LAWMAKERS, AND IT WASN'T JUST SUBURBAN LAWMAKERS.
I THINK IT BECAME SUBURBS VERSUS CITY TYPE FIGHTS, BUT IF YOU TALK TO OUTER BURROW LAWMAKERS, BROOKLYN, QUEENS, THERE WAS A LOT OF OPPOSITION AMONG DEMOCRATS THERE, TOO, BECAUSE OBVIOUSLY THERE WAS A LOT OF RESIDENTIAL HOUSING THERE.
LONG AND SHORT OF IT IS HOCHUL PUSHED THIS PROPOSAL.
IT WAS MET WITH RESISTANCE RIGHT FROM THE BEGINNING.
SHE WOULDN'T MOVE OFF THE MANDATE PIECE, IT SEEMED, AND LAWMAKERS DID PUT FORTH THE DEMOCRAT-- THE DEMOCRATS IN ONE HOUSE BUDGET DID PUT FORTH A PROPOSAL WITH AN OPT-IN WITH INCENTIVES TO TRY TO BUILD NEW HOUSING AND THAT WASN'T ENOUGH AND SO LIKE YOU SAID, A LOT OF THE OTHER STUFF WITH IT, TENANT RIGHTS, SORT OF A RENT CONTROL PIECE, GOOD CAUSE, ALL THAT SEEMS TO BE OFF THE TABLE NOW.
SO DOES THAT MEAN IT'S ALL DEAD, OR WOULD THEY LIKE TO ADDRESS THAT, I GUESS, FOR THE REST OF SESSION?
, YEAH.
WELL, SURE THERE'S A COUPLE THINGS, RIGHT?
ONE, THERE'S STILL TALK OF SOME HOUSING PIECES.
MAYOR ERIC ADAMS HAS A LOT THAT HE WANTS FOR THE CITY.
MAYBE THAT IS SOMETHING THAT GETS INCLUDED.
THERE'S TALK ABOUT HOUSING VOUCHERS THAT WOULD HELP PEOPLE WHO WERE STRUGGLING TO PAY THE RENT.
NYCHA, NYCHA HAS A BIG DEFICIT AND THERE MIGHT BE SOME MONEY FOR THAT.
THERE ARE STILL SOME MONEY PIECES IN THERE, BUT HOCHUL'S BIG HOUSING PROPOSAL, YEAH, THAT SEEMS SCRAPPED.
WHAT DO YOU THINK THIS SAYS ABOUT POLITICS AND DYNAMICS AT THE CAPITOL RIGHT NOW?
THIS IS ANOTHER SITUATION WHERE THE GOVERNOR HAS A MAJOR PRIORITY THAT SHE CANNOT GET THROUGH WITH THE LEGISLATURE.
IS THAT TROUBLE?
THERE'S A LITTLE POLITICAL BACKGROUND HERE.
AS YOU KNOW, STATE LEGISLATORS HAVE THE SYNERGY WITH LOCAL OFFICIALS.
THEY ALL HELP EACH OTHER GET RE-ELECTED.
THERE'S A REAL RESPONSIVENESS IN ALBANY TO LOCAL GOVERNMENT.
BUT IT'S IMPORTANT TO NOTE THAT INDEPENDENT STUDIES AND OTHER STATES HAVE ALL FOUND THAT HOCHUL'S POSITION IS THE RIGHT ONE.
IN FACT, THE ONLY ONE THAT MAKES IT WORK.
YOU'RE NOT DEALING WITH COMMUNITIES THAT ARE NOT APPROVING HOUSING BECAUSE THEY DON'T HAVE ENOUGH MONEY FOR INFRASTRUCTURE WHICH IS WHAT THE INCENTIVE IS FROM THE LEGISLATURE.
MANY OF THESE ARE DOING IT BECAUSE THEY DON'T WANT TO CHANGE THE CHARACTER OF THEIR NEIGHBORHOODS AND UNFORTUNATELY THAT SOMETIMES MEANS THE RACIAL CHARACTER, MAKEUP OF A NEIGHBORHOOD, AND THAT'S WHY OTHER STATES IN INDEPENDENT STUDIES HAVE SAID HOCHUL'S WAY OF GOING ABOUT THIS TO HAVE AN ULTIMATE STATE BOARD THAT COULD OVERRULE LOCAL ZONING DECISIONS IS ESSENTIAL.
YEAH.
ESPECIALLY WHEN WE TALK ABOUT, I THINK, LONG ISLAND AND THE SUBURBS.
IT'S VERY MUCH NIMALENDRANBY, NOT IN MY BACKYARD, NEIGHBORHOODS, PEOPLE, AND WE SEE THAT ON OTHER ISSUES, TOO.
PEOPLE ON LONG ISLAND-- WELL, SOME PEOPLE, I SHOULDN'T SAY ALL.
REALLY DON'T LIKE THE CONCEPT OF WIND TURBINES OFF THE COAST TO PRODUCE WIND ENERGY THAT WAY.
DO YOU SEE THAT AS THE PART WHERE IT BROKE DOWN, JUST THE LOCAL CONTROL, OR WAS THERE OTHER STUFF, YOU KNOW?
I AGREE WITH JOE.
THIS HAS ALWAYS BEEN A THIRD RAIL TYPE OF THING.
IT WAS A VERY AMBITIOUS THING FOR THE GOVERNOR TO TAKE ON.
YOU CAN LOOK AT IT TWO WAYS.
ONE, THAT IT WAS THE KIND OF BOLD VISION THAT YOU WANT TO SEE FROM LEADERS, AND THE OTHER VIEW MIGHT BE THAT IT WAS A MISTAKE, A POLITICAL MISTAKE.
SHOULD HAVE SEEN THIS WAS GOING TO END UP THIS WAY.
I THINK THAT SHE'S HAD SOME TROUBLE WITH PRE-SELLING THINGS TO PEOPLE.
YOU KNOW, SHE COMES OUT WITH A LOT OF SURPRISES FOR RANK AND FILE LAWMAKERS, I DON'T KNOW HOW MUCH LEGISLATIVE LEADERS KNOW, BUT SHE HAS THIS TREND OF HAVING BIG THINGS AND PUTTING IT OUT THERE TO SELL IT TO PEOPLE BEFORE SHE GETS SUPPORT.
I THINK ANDREW CUOMO DID AN EFFECTIVE JOB AT WAS REALLY ALIGNING THINGS BEFORE HE PUT A MAJOR POLICY INITIATIVE OR A CHIEF NOMINEE, THINGS LIKE THAT SO THAT WHEN IT DID BECOME PUBLIC, THERE WAS MORE LIKELIHOOD FOR IT TO GET FORWARD.
WE DON'T REALLY SEE THAT WITH KATHIE HOCHUL, I THINK.
THERE WASN'T LIKE THIS READY-MADE.
YOU DIDN'T HAVE THE UNIONS BEHIND IT FOR EXAMPLE.
YEAH.
YOU DIDN'T HAVE THE REAL ESTATE INTERESTS BEHIND THIS.
THERE WAS NO RALLIES AT THE CAPITOL IN SUPPORT OF THE PROPOSAL TO THE POINTS THAT MIKE MADE WHY A MANDATE IS A BETTER WAY TO GO THAN AN OPT-IN BECAUSE OPT-IN MIGHT NOT LEAD TO ANY RESULTS.
AT THE SAME TIME, YOU FELT LIKE THERE MIGHT HAVE BEEN A COMPROMISE IN SOME WAY.
MAYBE YOU DO AN OPT-IN WITH A LOT OF MONEY TO ENCOURAGE MUNICIPALITIES AND HAVE A COMMISSION LIKE LAWMAKERS SAID WHERE YOU COME BACK IN A COUPLE OF YEARS AND SEE IF IT WORKED.
IF NOT, THEN YOU COULD MAYBE FORCE IT UPON LOCAL GOVERNMENTS A LITTLE MORE.
BUT YOU KNOW, LIKE MIKE WAS SAYING AND LIKE YOU WERE SAYING, DAN, THEN IT ADDED UP.
THEN YOU STARTED ADDING OTHER PIECES INTO IT, RIGHT?
421-A, REVISITING THAT OR SOME TENANT PROTECTIONS AND YOU START ADDING ALL THESE OTHER PIECES INTO IT AND IT JUST, YOU KNOW, IT ALL KIND OF CRUMBLED.
NOW IS THERE ANYTHING ELSE THAT SEEMS TO BE A MAJOR IMPASSE?
I THINK WE SAW SOME RUMORS ABOUT A DEAL ON BAIL THIS WEEK AND ANDREA STEWART-COUSINS, THE MAJORITY LEADER, SAID THEY WERE VERY, VERY CLOSE.
I THINK THAT PROBABLY MEANS THAT THERE IS A 99% DEAL AND MAYBE THEY WERE WAITING FOR HOUSING TO COME TOGETHER TO MAKE IT A FULL PACKAGE OR SOMETHING LIKE THAT.
BUT WHAT DO YOU THINK THERE, JOE?
ARE WE DONE WITH BAIL FINALLY?
YEAH.
IT DOES SEEM LIKE THEY HAD BEEN FOR A COUPLE OF WEEKS.
SO THEY MOVED ON TO HOUSING.
THAT PROVED PROBLEMATIC AND NOW THEY MOVE TO THE OTHER PIECES, WHICH WILL TAKE SOME TIME.
SO MAYBE THERE'S A DEAL NEXT WEEK, BUT YOU KNOW, YOU HEAR A LOT OF MAKES AROUND THE CAPITOL RATHER THAN REALITY.
YOU KNOW, THERE'S OTHER PIECES, RIGHT, CHARTER SCHOOLS, WHETHER THEY'RE GOING TO MOVE FORWARD WITH ALLOWING MORE CHARTER SCHOOLS IN NEW YORK CITY, RAISING THE MINIMUM WAGE, DEMOCRATS WANT TO RAISE TAXES ON THE RICH.
THERE'S A $500 MILLION TAB THAT THE GOVERNOR HAS FOR THE MTA FOR THE CITY TO PAY.
WHO IS GOING TO PAY FOR THAT?
CLEARLY THE CITY DOESN'T WANT TO BE HIT WITH THAT BABY.
THERE ARE STILL A LOT OF ISSUES.
STILL THE HOUSING, BAIL, THOSE WERE NO QUESTION THE TWO BIG ONES.
AND WATCH FOR A LOT OF THESE TO DROP OFF THAT WOULD SETTLE.
THAT WILL MAKE THE BUDGET POSSIBLE.
A LOT OF THESE BIG IDEAS THAT THE GOVERNOR HAD GO INTO THE LEGISLATIVE SESSION WHERE THE GOVERNOR HAS LESS LEVERAGE TO PUSH HER STUFF.
THAT'S WHY A LOT OF THIS IS IN THE STATE BUDGET.
I WAS ALSO THINKING OF WHAT'S LEFT OF THE SESSION.
WE HAVE ABOUT A MINUTE LEFT, MIKE.
GIVE US A PREVIEW OF WHAT WE SHOULD EXPECT OVER, I DON'T KNOW, IT JUST DEPENDS ON WHEN THE BUDGET PASSES, FOR FIVE WEEKS FOR THE END OF SESSION.
ARE WE EXPECTING ANYTHING?
I THINK YOU ARE DEFINITELY GOING TO SEE SOME PROGRESSIVE VICTORIES COME OUT OF THIS.
WHETHER THAT GETS THROUGH THE GOVERNOR'S VETOES LATER ON IS YET TO BE SEEN.
BUT THIS LAST PART OF THE LEGISLATIVE SESSION IS GOING TO BE FILLED WITH TRYING TO GET SOME HEADLINES.
PERHAPS IT'S THE INCREASE IN MILLIONAIRE'S TAX IF THAT DOESN'T GET INTO THE BUDGET.
THERE'S A LOT OF OTHER PROGRESSIVE IDEAS THAT COULD GET THROUGH, BUT ALSO THERE'S A WHOLE BUNCH OF LOCAL LAWS THAT HAVE TO BE PASSED.
AGAIN, GETTING BACK TO WHAT WE TALKED ABOUT BEFORE, THE SYNERGY, THAT LOCAL GOVERNMENTS NEED THE STATE TO SIGN OFF ON.
IT IS A LOT TO CONSIDER.
THE HOUSING PART AFTER THE BUDGET, I'M JUST FASCINATED TO SEE IF PARTS OF IT CAN BE IN IT, LIKE THE INCENTIVES BECAUSE IF YOU'RE GOING TO PUT MONEY TOWARDS IT, YOU SHOULD DO IT IN THE BUDGET LAWMAKERS WOULD SAY.
WE'RE OUT OF TIME UNFORTUNATELY.
JOE SPECTOR FROM POLITICO, MIKE GORMLEY FROM NEWSDAY, THANK YOU BOTH.
THANKS, DAN.
ANOTHER REMINDER THAT WE TAPE ON FRIDAY MORNINGS.
SO IF THERE'S ANY MAJOR NEWS OVER THE WEEKEND, WE'LL HAVE DETAILS ON OUR WEBSITE.
AS ALWAYS, THAT'S AT NYNOW.ORG.
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Learn Moreabout PBS online sponsorshipSupport for PBS provided by:
New York NOW is a local public television program presented by WMHT
Support for New York NOW is provided by WNET/Thirteen and New York State AFL-CIO.