Abbott Ex Rel. Abbott v. Burke

This motion in aid of litigants’ rights should be denied for the substantive reasons elegantly and cogently expressed in the separate dissenting opinion of Justice Hoens and in which I join. I write separately, however, to underscore a procedural concern today’s decision glaringly brings to the fore. First, some context.

I

Starting with Robinson v. Cahill, 62 N.J. 473, 303 A.2d 273 (1973), this Court embarked on an initially well-intentioned but *484now fundamentally flawed and misguided approach to addressing the New Jersey Constitution’s promise that “[t]he Legislature shall provide for the…