Legal Opinion · Concurring in part, dissenting in part

Commc'ns Workers of Am. v. N.J. Civil Serv. Comm'n

Supreme Court of New Jersey

Decided August 8, 2018No. A-47 September Term 2016; 078742Published

1Concurring in part, dissenting in partJustice Solomon

I join the majority and agree that a court may reverse the Legislature's invalidation of an agency rule or regulation pursuant to the Legislative Review Clause (the Clause). I dissent because the Constitution gives the Legislature the power to invalidate such rules or regulations under limited circumstances: when the challenged rule or regulation is inconsistent with the "intent of the legislation as expressed in the language of the statute which the rule or regulation is intended to implement."

*681N.J. Const. art. V, § 4, ¶ 6. The majority's analysis has broadened those limited circumstances and…

2Cases cited9 opinions

  1. Knight v. City of MargateSupreme Court of New Jersey · 1981
  2. General Assembly of State of New Jersey v. ByrneSupreme Court of New Jersey · 1982
  3. In re Plan for the Abolition of the Council on Affordable HousingSupreme Court of New Jersey · 2013
  4. Communications Workers of America v. FlorioSupreme Court of New Jersey · 1992
  5. In re FoglioSupreme Court of New Jersey · 2011

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