By Adrienne Lu
Inquirer Trenton Bureau
TRENTON - A state appeals court Friday struck down an attempt by Gov. Christie to restrict political donations from state workers' unions, overturning one of the first moves of his administration.
In an executive order, the governor moved to have unions treated like other business entities, which may not receive state contracts worth more than $17,500 if they have donated more than $300 to statewide campaigns within 18 months. Christie signed the order on his first full day in office.
The executive order would have severely hampered the state workers unions' influence, but a three-judge panel ruled that the governor's executive order violated the principle of separation of powers.
"The desired changes in the law would, in essence, require not only a pen, but also an eraser," the opinion states.
"We are not, by any means, concluding that what the governor seeks to accomplish is illegal, impossible, or unwise public policy," the ruling continues. "We simply hold that what [Executive Order] 7 seeks to achieve must be pursued through legislation."
Christie said that while he was disappointed with the outcome, he was encouraged that the opinion "very strongly supports the . . . robust authority that the governor of New Jersey has in order to execute executive orders." He said the judges also indicated that the issue "is a public-policy issue that needs to be debated and discussed."
Christie has until July 1 to decide whether to appeal to the Supreme Court. He said he would talk with his advisers to determine how to proceed in order to achieve his policy objective: "to level the playing field so that no one has a greater advantage over the other because of their money."
"We've gone through a period in New Jersey where money has been an extraordinary driver of political discussion in this state, and I'd like to get to a place where the ideas are the driver," Christie said.
The Communications Workers of America, which filed the lawsuit challenging the executive order, praised the ruling Friday.
"We are gratified that the court recognized the basic principle that in our system of government, the legislature makes laws, and the executive branch executes them," said Hetty Rosenstein, CWA New Jersey state director.
"With Executive Order 7, Gov. Christie twisted this principle and attempted to, in the court's words, 'bypass the legislature and carry out what would be, in effect, an implied repealer of existing legislation.'
"The court rightly held that the legislature never intended to restrict the right of labor unions to participate in the political process, and the governor has no power to do so on his own," Rosenstein said. "Today's decision is a valuable reminder of the wisdom of our system of three coequal branches of government."
The CWA was joined by several other public employee unions in the lawsuit. They typically donate significant amounts to Democratic political candidates.
Assembly Majority Leader Joseph Cryan (D., Union) called the ruling a victory for working-class New Jerseyans.
"It's also another rebuke for a governor who too often would rather rule by dictatorial fiat," Cryan said. "Executive orders must be based on existing statutory powers, not on restricting the free speech of millions of working New Jerseyans. Fortunately, the appellate court upheld the rights of working men and women, and, hopefully, it's a lesson learned for our governor."
The ruling marks the second time the courts have halted one of Christie's executive orders. Previously, a judge ruled that the governor could not suspend the activities of the state Council on Affordable Housing.
Christie acknowledged the latest setback Friday, but said it was to be expected while trying to bring about substantial change.
"There are going to be times when you swing and hit, there are going to be times when you swing and miss," Christie said. "No one would expect anybody to have a 1.000 batting average on anything. Three hundred gets you in the Hall of Fame, and we're well above that."
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