Kathy Hochul's Commitment To LaSalle Chief Judge Nomination Enters 'Hijacking Martin Luther King Day' Stage
Because of course it has.
(Photo by Spencer Platt/Getty Images)
Kathy Hochul serves as governor of New York because a sexual harassment probe finally did what years of mismanagement couldn’t and sent Andrew Cuomo packing. She won election in her own right on the back of the one-two punch of centering pro-choice policies in the wake of Dobbs and being the only Democrat on the ballot.
But since then, she’s set out to torch every bridge that got her in office by nominating Hector LaSalle to succeed Janet DiFiore (who has her own ethical issues these days). Somewhere in the vetting process, Hochul managed to overlook the judge’s record on several hot button issues, including abortion, that happen to be critically important to Hochul’s constituency.
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And, like clockwork, when a white politician finds themselves in a political jam, she’s invoking Martin Luther King Jr.
Hochul initially shrugged off concerns as the work of radical progressive groups, a strategy that Cuomo employed for years while packing the state’s top court with Republicans and conservative Democrats. Alas, Hochul’s ersatz Cuomoism ran into a brick wall when a collection of 46 law professors laid out a comprehensive case against LaSalle’s record, Democratic state senators began publicly bailing on the nomination in droves, NYU Law students started compiling devastating critiques, and union leaders stopped mincing words:
That’s James Mahoney from the Ironworkers union. When trying to paint your enemies as effete radicals, try not to piss off an ironworker.
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Hochul’s measured response to this message from one of her most critical corners of support was to yank his invitation to the state of the state speech. One labor source told me during the election that Hochul held off a primary challenge from NYAG Letitia James by virtue of organized labor support tilting toward Hochul in the early stages of the campaign. Whether that’s true or not, hemorrhaging union support is a poor strategy for any Democrat in New York.
Beyond the record including opinions providing companies more leverage over labor by opening the door to lawsuits against labor leaders personally, a long record of prosecutor-friendly criminal justice opinions, and a ruling that stymied efforts to investigate anti-abortion groups for fraud, there’s a pretty decent case that LaSalle lacks the administrative chops to perform the most important role of the Chief Judge.
In another tactical whiff, Hochul managed to secure an open letter from prominent New York practitioners, misdiagnosing her dwindling support in the state senate as a sign that lawmakers concerned over organized labor and criminal justice just needed to hear from millionaire Biglaw partners. It turns out that the attorneys who represent major corporations in labor disputes think LaSalle is a “consensus builder.” Cool story.
And then…
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Yes, I think if Martin Luther King were alive today his greatest concern would be making sure Kathy Hochul manages to save face in a political blunder entirely of her own making. Apparently one person was quoted as finding the speech distasteful, which is in the running for understatement of the year. Someone — probably multiple someones — on her staff looked at these remarks and thought, “Yeah, this seems like the right place to spice up the civil rights remembrance with some stuff about you and your choices.”
It’s also a bizarre connection to make when the presumed reason she chose LaSalle in the first place was a laudable effort to select the first Latino chief judge. But when more Latino state senators have come out against the nomination than support it, Hochul’s support comes across as tokenism.
LaSalle’s first hearing takes place this afternoon. Perhaps he’ll find a way to swing the critical mass of state senators back to his side. But barring something dramatic, Hochul’s refusal to back down and the embarrassing lengths she’s gone to over this pick are just puzzling. She could have walked this back weeks ago and started the long task of repairing her relationships with core constituencies.
She seems determined not to eat crow… but the only other item on the menu is lame duck.
Governor Hochul: MLK Said to Not Judge People So Stop Judging My Judicial Nominee [Hellgate]
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.
