Vreeland v. Byrne

The Court today invalidates the appointment by the Governor, confirmed by the Senate, of an Associate Justice of the Supreme Court of New Jersey. It thus overthrows an action of the executive and legislative branches of government. I consider that course wholly unnecessary and constitutionally unwarranted and intrusive and I respectfully dissent from the judgment of the Court.

The facts and procedural background are well and adequately stated in the opinion of the majority. To it might only be added a reference to the agreement of the senatorial plaintiffs that the appointment, per se, is…