A federal judge says he’s going to set a date for a special election to replace former U.S. Rep. Michael Grimm of Staten Island unless New York’s governor does so by Friday.
Judge Jack Weinstein in Brooklyn announced his plan in a written decision Tuesday. He acted in response to a lawsuit brought by voters.
The Republican congressman stepped down Jan. 5 after pleading guilty to tax evasion.
Attorneys for Democratic Gov. Andrew Cuomo told Weinstein that the governor has discretion to delay a special election until the next general election in November.
Weinstein said that would be an unjustified delay.
He called right to representation in government the “central pillar of democracy in this country.”
Lawyers for Cuomo did not immediately respond to comment requests.
(AP)
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This is the same issue, in many ways, as the Alabama case on same sex marriage. Does a federal district court have authority to order the state government in matters that under the constitution are totally under state control (the alternative would be to require plaintiffs to sue in state court, and then only after losing in state courts to appeal to the United States Supreme Court)? If the Federal courts have control over routine state matters, the question needs to be asked “why bother with state courts”?