Is the New Jersey Supreme Courts decision correct, or at least defensible?
The answer to this question, alas, turns on New Jersey law not our area of expertise. But we do have some questions about what the state judges said and did. The New Jersey statute at issue says two things: First, it states that “in the event of a vacancy, howsoever caused, among candidates nominated at primaries, which vacancy shall occur not later than the 51st day before the general election, . . . a candidate shall be selected” by the state party leadership. Second, it says that “a selection made pursuant to this section shall be made no later than the 48th day preceding the date of the general election.” Torricelli announced that he was dropping out later than 51 days before the general election. His replacement, Lautenberg, was named later than 48 days before the general election. Accordingly, Republicans argued before the New Jersey Supreme Court that both the front end and the back end timelines of the statute were violated by the Democrats’ request to put Lautenberg on the bal
