Albany, NY - Judge Tells Senate: Work It Out Yourselves |
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At first, McNamara said he would look over the order to show cause filed by the Senate Republicans in response to the Democrats' lawsuit and "probably sign it" with a return date for Monday morning to "allow the weekend for the parties to further look at and prepare for whatever presentations they wish to make."
But he also urged the lawyers to go back to their respective clients and ask them to please return to the negotiating table.
In his initial remarks to the court, McNamara cited a concern about interfering in the doings of the legislative branch due to the traditional balance of powers that separates it from the judiciary.
"I guess there is a desire on my part, on behalf of what I repsent, to have this matter resolved within the context of the Senate rather than in the context of the court," the judge said.
John Ciampoli, an attorney for the Senate Republicans, departed the courtroom saying the attorneys for both sides would do what the judge had asked.
"We're trying to work out how we're going to proceed in the case and what's going to happen next," he said.
"We've got to talk to our clients and address some of the issues with them, and then report back to the court, and then see what the court's going to do. I have an order to show cause before the court asking the court to dismiss this action."
But the attorneys were back within 10 minutes to report that they hadn't managed to settle anything.
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Total7
Read Comments (7) — Post Yours »
1
Jun 12, 2009 at 10:33 AM Smart Says:
Smart Judge simply because it will end up that the judges rule the country. Good for him
2
Jun 12, 2009 at 11:47 AM Milhouse Says:
"In his initial remarks to the court, McNamara cited a concern about interfering in the doings of the legislative branch due to the traditional balance of powers that separates it from the judiciary."
It's nice that he's aware of this, but if so why did he agree to have a hearing in the first place. Actually being aware of this makes it worse; he knows he has no business sticking his nose into the internal affairs of the legislature, and did so anyway, no matter how reluctantly. He should simply have said "this is not justiciable; go away".
3
Jun 12, 2009 at 11:37 AM Anonymous Says:
I do not understand this whole issue. Aren Spector the Republican from Penn. ran to the Democrects and the democrats welcomed him with open arms but whem democrats go to the republicans they cry and act like like babies
4
Jun 12, 2009 at 12:07 PM Respect Says:
Go Figure
never thought I'd still believe the NY Justice System which has gone so far to the left on most of their rulings.
It's shocking to hear that court actually is going to follow the constitutuion and not interfere with matters they should of never accepted into the system to begin with.
Happy man here
for the time being :)
5
Jun 12, 2009 at 01:01 PM Anonymous Says:
Arlen Spector changed parties first, then made his decision to cross over; these guys are still democrats and want to be in the GOP -- a little confusing -- to be on 2 sides at the same time???
6
Jun 12, 2009 at 01:24 PM awacs Says:
“ "In his initial remarks to the court, McNamara cited a concern about interfering in the doings of the legislative branch due to the traditional balance of powers that separates it from the judiciary."
It's nice that he's aware of this, but if so why did he agree to have a hearing in the first place. Actually being aware of this makes it worse; he knows he has no business sticking his nose into the internal affairs of the legislature, and did so anyway, no matter how reluctantly. He should simply have said "this is not justiciable; go away".
”
uh, milhouse,
he cares about separation of powers just as much as obama cares about Israel, and for the same reason - show.
7
Jun 12, 2009 at 04:46 PM Anonymous Says:
“ I do not understand this whole issue. Aren Spector the Republican from Penn. ran to the Democrects and the democrats welcomed him with open arms but whem democrats go to the republicans they cry and act like like babies ”
Specter's move did not change the balance of power in the Senate, since the Democrats were already in charge, although it did put them one key step closer to a fillibuster-proof "super majority." A much more relevant analolgy was what happened a few years ago, also in the US Senate, when the Rebublicans had a razor-thin edge until Vermont's Jim Jeffords jumped ship on them and thus handed control of the Senate for most of the next two years back to the Democrats..
On that occasion, I do not recall the Republicans bawling like babies over their sudden and unexpected loss of power, trying to shut down the Senate or running to the courts to file a suit -- and none of the newspapers which are now huffing and puffing that what happened in Albany was a "coup," a "putsch," a "circus", a "madhouse," "the shame of Albany," etc. had anything negative to say when Tom Daschle (recently revealed to be a tax cheat) was back in charge of the US Senate and used his new technical authority gained in his backroom deal to thwart President Bush's agenda, as if he had an actual mandate from the voters.. I guess the sky falls and it's the end of the world and a blot on our system of government only when it's the Democrats who are out-thought and out-maneuvered (their leader, Malcolm Smith, reportedly never saw this coming and was totally flabbergasted when it occured) and they are forced to give up power because of the back-room wheeling and dealing that frequently happens in legislative government.