Gilbert v. Gladden

PASHMAN and SCHREIBER, JJ.,

dissenting.

The issue raised by the plaintiffs is whether the New Jersey Constitution vests the Legislature with plenary and unrestricted authority to fix any period of time within which a duly passed bill must be presented to the Governor. The majority holds that it does. We disagree. We fail to see how this case presents a nonjusticiable political question, as the majority concludes. Judicial review is not only constitutionally required here, but it is especially appropriate in this case where the political branches have undertaken an informal practice that…