Kathy Hochul Will Do “Everything” to Force an Anti-Union Judge Onto New York’s Highest Court
The New York governor has nominated Hector LaSalle to be the state’s top judge. She’s determined to stand by him, even as fellow Democrats raise concerns.
New York Governor Kathy Hochul barely held onto her seat in the last election, and now she’s alienating her own party by nominating Hector LaSalle as chief judge for the state Court of Appeals.
LaSalle, an appellate court judge, is set to have a hearing next Wednesday before the state Senate Judiciary Committee, which will then vote either to advance or tank his nomination. A majority of the committee has expressed skepticism thus far. Hochul for her part has said she will do “everything” to get LaSalle through the committee, arguing the whole Senate should be the one to vote.
LaSalle has built a reputation as a generally experienced, knowledgeable judge. Proponents cite things like the New York State Bar Association deeming him “well qualified.” They also point to the history to be made upon his appointment: LaSalle would be the court’s first Latino chief judge, if confirmed.
Meanwhile, opponents—progressives, moderates, and, yes, Latinos, among others—find parts of his record contrary to the kinds of liberal ideals Hochul would presumably stand for. LaSalle’s record on issues including abortion, criminal justice, and labor would have massive implications on the already-conservative court. And Democrats are still reeling from the impacts of an antagonistic court. During the midterms, the party suffered in part due to unfavorable district maps drawn by the state’s highest court, whose conservative majority was constructed by Andrew Cuomo. So scrutiny on any appointment is warranted, especially one whose record is like LaSalle’s.
Over a decade ago, the New York state attorney general launched an investigation into potential fraudulent practices being carried out by an organization that ran so-called “crisis pregnancy centers,” which pose as real health clinics but are actually run by anti-abortion activists. LaSalle voted to intervene, hindering the probe by preventing investigators from reviewing even promotional materials from the centers.
In 2014, LaSalle joined an opinion holding that a criminal defendant could not appeal his conviction of a weapons possession charge because he knowingly waived the right to appeal when he entered a guilty plea. However, when the defendant entered the guilty plea, he was told by the trial judge that he could still appeal “certain constitutional issues.” And he was indeed seeking to appeal his conviction on the basis of a constitutional issue: He claimed he was subject to an illegal police search. Nevertheless, LaSalle signed onto the majority opinion that denied the appeal.
In 2015, LaSalle voted alongside a majority opinion allowing cable television company Cablevision to sue union officials who were criticizing the company—contrary to legal precedent that protected organizing workers from such corporate lawsuits. In other words, LaSalle upended state legal precedent in favor of a company, and against workers.
The Court of Appeals—which LaSalle is now nominated to—overturned the latter two decisions that LaSalle joined.
These are just some of the troubling opinions LaSalle has joined. Others include preventing a victim of vicious domestic abuse from filing suit against the police for repeatedly ignoring her pleas for help, and that a 15-year-old who could only read at a fourth-grade level needed no special protection during interrogation.
That Hochul had many other options and still chose LaSalle shows either a lack of conviction in her purported beliefs or severe political ineptitude. At least 14 of the 42 Democrats in the state Senate have come out against LaSalle, with even more expressing uncertainty. That leaves Hochul with maybe 28 Democrats and 21 Republicans to work with; she’ll likely need Republican support to help push the nomination through. Meanwhile, a massive array of unions, reproductive rights and immigrant advocacy organizations, local and state elected officials, and political organizing groups have all similarly come out against LaSalle.
And yet Hochul has held fast—to an impressive extent.
Just this week, Ironworkers Vice President James Mahoney criticized Hochul’s nomination at a press conference, saying the nomination felt like being put “on the menu,” especially after he and other labor organizers worked so hard to elect Hochul in the first place. Afterward, Hochul allegedly revoked Mahoney’s invite to her State of the State speech the following day (a speech with prepared remarks that did not mention LaSalle or even utter the word “union”).
Hochul’s decision to nominate LaSalle at all is questionable. Her resolve in sticking by it is remarkable. As seems evident, again and again, a certain ineptitude or simple lack of conviction is almost a sufficient condition for powerful New York Democrats.