McNeil v. Legislative Apportionment Commission

Article IV, § 2, ¶ 3 of the New Jersey Constitution was, until today, a vital provision of our law. A majority of the Court is content to jettison the provision based on a perceived Supremacy Clause concern. I disagree with the Court’s presumption of a prior invalidation of the state constitutional provision based on past decisions of this Court. I also disagree that the record supports the majority’s conclusion that, in any event, Supremacy Clause concerns require our constitutional provision to be declared unenforceable in this instance. In my view, the majority misperceives the interplay…