ALBANY, N.Y. (NEWS10)—Recording of the court hearing was not allowed, but Justice Thomas Whelan heard both sides of the case.
Lawyers for Senate Democrats argued this lawsuit is moot because a floor vote on the chief judge nomination of Hector LaSalle happened. Even though Democrats still maintain a nomination can constitutionally be rejected in committee.
Attorneys for Senate Republicans say they believe there is the likelihood something like this could happen again. Their court document stating, “ Nowhere do the framers of the constitution contemplate that a partisan stacked judiciary committee would, or could deprive their senate colleagues of a vote on the nominee.”
Democrats argue otherwise, saying that this issue is not likely to recur. Their submitted document stating in part “ The case is not justifiable, because separation of powers requires this court to decline to intervene in this intra-branch dispute….”
“It’s always hard to predict how judges are going to rule based upon the questions that they ask at the hearing, but in watching the hearing one got the belief that the judge was not agreeing with the council for the Senate that the issue was mooted by the fact that the Senate took a vote,” explained Christopher Bopst, a New York State Constitution expert.
A decision could be issued as early as Tuesday.