PR: Americans for Prosperity -- Time Has Come to Expose New Jersey’s Anonymous and Activist Supreme Court

For Immediate Release – June 23, 2011

Americans for Prosperity: Time Has Come to Expose New Jersey’s Anonymous and Activist Supreme Court

States’ Leading Free-Market Group Launches Campaign to Educate Citizens about the Destructive Impact of New Jersey’s Runaway Judiciary

Supreme Court Polling Research

DATELINE: TRENTON, NJ – Americans for Prosperity launched a statewide campaign today to educate citizens about the destructive role of the state’s activist Supreme Court on the state’s economy and dismal tax climate.

The pro-taxpayer group’s effort began with a press conference in the State House in Trenton which included several of the Legislature’s leading conservative voices, state Senator Mike Doherty (R-23), Assemblyman Michael Patrick Carroll (R-25) and Assemblywoman Alison McHose (R-24).

AFP released the results of extensive public opinion research on the state’s high court which was conducted by Rick Shaftan of Neighborhood Research during the past month (See above for a PowerPoint presentation of this research).

Americans for Prosperity state director Steve Lonegan explained the reasons the conservative, free-market group has embarked on this effort.

“Over the last 40 years we’ve watched New Jersey decline from the nation’s number one economic powerhouse; number one in job growth wage growth, business creation; a great state to move to raise a family and build a business in.

“And we’ve watched it decline to the second worst state in the nation for business; the number one outward-bound migration state in America and the highest taxed state in all fifty states across the board.

“And what’s caused this has been a series of state Supreme Court decisions that date back to the 1970’s that have resulted in implementing state policies through judicial activism...”

“So we’re confronted with this problem of having this powerful force in government that has so much influence, so much of an impact and voters of the state virtually know nothing about it. We need to change that.”

State Senator Mike Doherty (R-23) took aim at the Court for its Abbott and Mount Laurel decisions.

“The biggest frustrations my constituents have are two things: COAH, the idea that every New Jersey town has an obligation to build government subsidized housing using the tax revenue of homeowners and businesses to do that. This is something that constantly grates on elected officials that have to digest the next round of COAH from the state of New Jersey and this was put into effect in New Jersey by our Supreme Court.

“The other big issue, the largest part of our budget is how we fund our school system. And this entire process has been hijacked by the New Jersey Supreme Court.”

Assemblyman Michael Patrick Carroll (R-25) stated that he has been fighting to roll back Abbott and Mount Laurel since being elected to the Legislature. The Assemblyman blasted the Court for overstepping its bounds and effectively making law from the bench.

“Regardless of whether you think these [Abbott and Mt. Laurel] are good policies, the guys and the girls who wear these black robes have no business imposing them.

“They make it up as they go along,” said Carroll. “There is no legitimate interpretation of the constitution to make these determinations and it bespeaks a certain arrogance on the part of those lawyers who sit on the Supreme Court, that this committee of elderly lawyers believes it has all the answers. It doesn’t.”

Assemblywoman Alison McHose (R-24) expounded upon the role the Court has had in driving inequities in school funding.

“The Supreme Court of New Jersey is one of the main reasons our property taxes are so high,” said McHose.

“Because of their meddling we have an education funding formula that favors urban Hoboken with a per capita income of $74,506 over rural Sussex Country with a per capita income of $35, 212.

“It was the same Supreme Court that said the state taxpayers should be on the hook for no-cost pre-school education for 3 and 4 year olds....[when] the Thorough and Efficient clause of our constitution says that we should be educating our children between 5 and 18.

“Because of the NJ Supreme Court $7M in pre-school funding goes to Hoboken while Sussex County gets nearly nothing.”

AFP will begin its educational campaign on the Supreme Court with a series of seminars to be held across the state starting this fall. AFP also plans to launch a new website which will include a wealth of facts about the Supreme Court and its impact on government policy and taxation in New Jersey.

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