News : POLITICO New Jersey Playbook: Is a N.J. Supreme Court deal imminent?

Friday, August 19, 2022

POLITICO New Jersey Playbook: Is a N.J. Supreme Court deal imminent?

Aug 19, 2022

Presented by Anbaric Development Partners

Good Friday morning!

One way or another, there will be movement soon on Rachel Wainer Apter's nomination to the state Supreme Court. Whether that's literal movement or political movement remains to be seen.

State Sen. Holly Schepisi (R-Bergen), who has exercised "senatorial courtesy" to block Englewood resident Wainer Apter's nomination for well over a year, told Charles Stile of The Record that an agreement with the Murphy administration to move the nomination is "imminent."

But Schepisi said something similar seven months ago, and an official familiar with the negotiations told me they don't agree with that assessment, even if recent talks with Schepisi have been better than before.

As I've previously reported , Wainer Apter is considering moving out of Bergen County to avoid Schepisi's hold, to a county with senators who would sign off on her nomination. So at this point, Schepisi's leverage is basically whether Wainer Apter wants to be inconvenienced. She has young children, so moving probably isn't ideal. But she's already publicly said she'd be willing to do it. At the same time, Chief Justice Stuart Rabner's elevation of potential nominee Douglas Fasciale, a favorite of Senate President Nick Scutari, might relieve a little pressure from Scutari to get a deal done.

If there isn't a deal between Schepisi and the Murphy administration, I'm led to believe she'll move next month.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 184

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

HAPPY BIRTHDAY — Murphy PAC E.D. Dan Bryan, former NJWFA E.D. Analilia Mejia, former Sen. Bob Torricelli. Saturday for Atlantic City Councilmember Bruce Weekes. Sunday for Murphy staffer Raj Bath, PR man Steve Lenox, Bergen Commissioner Joan Voss

QUOTE OF THE DAY: "This has only made me stronger, and I will use that strength to fight for the issues that help every resident." — Jersey City Councilmember Amy DeGise at Wednesday night's meeting

A message from Anbaric Development Partners:

How offshore wind energy connects to the grid is critically important to the growth and success of the industry. New Jersey's clean energy goals cannot be fully realized without thoughtfully planned transmission. Anbaric's future-focused transmission solution will grow alongside the state's offshore wind industry. By avoiding costly grid upgrades and reducing impacts, our Boardwalk Power Link portfolio will support renewable energy for decades. Learn more about how Anbaric plans to fully support a carbon-free future.

WHAT TRENTON MADE

SPECIAL MASTER: DRE CAN DETECT THE CHRONIC — Drug Recognition Experts' methodology scientifically valid, should be admissible in court, report concludes, by POLITICO's Daniel Han: The methodology used by Drug Recognition Experts to determine whether someone is under the influence of drugs is scientifically valid and should be admissible in court, a highly anticipated legal report released Thursday concluded. The nearly 400-page report is the product of a "special master" who was tapped by the state Supreme Court in November 2019 to determine whether the DRE methodology was scientifically sound. The special master's decision, which is part of an ongoing legal case, State of New Jersey v. Olenowski, will be highly influential in how the state Supreme Court ultimately decides on the future of the DREs … Thursday's report will also likely hold sway over yet-to-be-announced regulations from the state around detecting workplace impairment for cannabis.

HOUSING — "NJ eviction filings are rising as courts grapple with backlog, reforms," by WNYC's Karen Yi: "The eviction protection measures New Jersey Gov. Phil Murphy signed last year to stave off a wave of tenant displacement have prompted the dismissal of more than 10,000 cases in landlord-tenant court so far, state officials said. But housing advocates say even as the law kept thousands in their homes, the rules weren't uniformly applied across every county, and likely resulted in tenants who should have been protected nonetheless losing their homes … Eviction filings are now back on the rise, reaching the highest levels since the pandemic began, as state rental assistance programs dry up. About 58,000 eviction filings were made in the first seven months of 2022, more than double the 25,600 filed in the same period last year but shy of the 86,500 filed between January and July 2019, records show. The courts, meanwhile, are slogging through a backlog of more than 31,000 cases, management reports show."

—New law boosts job protections for workers during change in ownership at health care facilities

—"NJ unemployment rate down in July, COVID job losses 99% recovered"

—"' It's going to hurt a lot': Thousands of state workers brace for staggering health benefit hike"

R.I.P. — "Maureen Ogden, seven-term assemblywoman and environmental champion, dies at 93 "

—Opinion: "Congestion pricing should be a win for New Jersey. Here's why"

— New Jersey health department has no predictive modeling for monkeypox — yet

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

BIDEN TIME

LEAD — "'An absurd disparity': NJ shortchanged by feds on lead pipe replacement funds, report says," by The Record's Scott Fallon: "When President Joe Biden signed the Bipartisan Infrastructure Bill last year that included $15 billion to remove lead service lines, New Jersey officials hailed it as an enormous step that would accelerate efforts to provide cleaner drinking water. But under the first round of funding New Jersey will receive the second-lowest amount of money per lead pipe in the nation, according to a report published by the National Resource Defense Council environmental group. Now a group of New Jersey representatives are urging the Biden administration to change the allocation formula. Six members of congress called the funding 'an absurd disparity' that is 'completely unacceptable' in a letter sent Wednesday to U.S. Environmental Protection Agency Administrator Michael Regan … New Jersey has an estimated high of 350,000 lead service lines and is getting just over $48 million, according to the report using EPA's published allotments for the first round of funding . That averages out to $138 per pipe - second lowest to Ohio at $109. On the other end of the funding spectrum is Hawaii, which is getting $10,000 per lead pipe"

REMINDER THAT MENENDEZ'S 2018 CAMPAIGN FOCUSED HEAVILY ON DRUG PRICES — " Drug industry takes rare dent from NJ lawmakers over new price law: 'Real power shift'," by The Asbury Park Press' Michael L. Diamond: "The bill didn't go as far as they wanted to rein in drug prices, but when President Joe Biden signed the Inflation Reduction Act Tuesday, New Jersey's consumer advocates and Democratic leaders had a rarity: a win against the state's powerful pharmaceutical industry. Consumer groups said the health care changes in the legislation, years if not decades in the making, gave them an opening to make further inroads both in Trenton and Washington, D.C., against a sector that had seemed invincible … The past two years, the pharmaceutical and health products industries have spent $545.2 million lobbying Congress, almost twice as much as the next biggest sector … Menendez, who isn't up for election in November, received $154,400 from the pharmaceutical and health products industry the past two years. Among his individual contributors were executives from Merck, Pfizer and Eli Lilly, according to OpenSecrets. Menendez eventually helped negotiate a compromise that won support from his party last November. Among the changes: Instead of Pallone's initial plan to allow HHS to negotiate prices on 25 drugs, the law will allow the agency to negotiate 10 brand-name drugs beginning in 2026, eventually climbing to 20 in 2029."

IN CASE YOU NEEDED A REMINDER OF HOW TOOTHLESS THIS COMMITTEE IS — "Malinowski inquiry unlikely to be resolved before November due to ethics committee member's death," by New Jersey Globe's Joey Fox: "When Rep. Jackie Walorski (R-Indiana) tragically died in a car accident earlier this month, it meant that the House Ethics Committee lost its ranking Republican member. And thanks to an overlapping series of Ethics Committee policies and House schedules, the committee's inquiry into Rep. Tom Malinowski (D-Ringoes)'s stock trading is now highly unlikely to be resolved before this November's general election. The selection of a new Republican member on the bipartisan, 10-member committee is in the hands of House Minority Leader Kevin McCarthy (R-California), and his choice needs to be ratified by the full House Republican conference. Realistically, that won't happen until the House returns from recess on September 13. But the Ethics Committee has an internal rule dictating that it does not release decisions in the 60 days leading up to a federal election, which this year begins on September 9 – a sort of safeguard against October Surprises for House members. The committee also has a practice of not making decisions while missing a member, so as to preserve partisan balance."

—" Malinowski slaps Kean for using out-of-state products in TV ad"

—"Rep. Norcross: Why we need an American-made economy"

—Snowflack: "CD-5 gains national traction"

A message from Anbaric Development Partners:

LOCAL

HUDSON DEMS SO CONFIDENT IT WILL BLOW OVER THAT THEY WILL ONLY TALK ABOUT IT ANONYMOUSLY — "What next after city council meeting drama: More pressure on DeGise, or is the worst in her rear-view mirror? " by The Jersey Journal's Joshua Rosario: "In a 4-minute speech in which she often painted herself as the victim, DeGise told a packed chamber that 'I am not resigning' despite hearing dozens call for her to step down for striking a cyclist on July 19 and driving away. Progressive leaders Hector Oseguera and Ron Bautista are looking to put pressure on DeGise's council colleagues and Mayor Steve Fulop, and even Gov. Phil Murphy — none of whom have come out publicly in support of her. 'At this point, we are going to turn up the temperature,' said Oseguera, a former congressional candidate … Members of the Hudson County Democratic Organization (HCDO), which DeGise led for a short time, said the turnout on Wednesday wasn't as bad as they anticipated, sources close to the HCDO said. 'The HCDO's position is this is part of the progressive movement and the progressive movement is against the HCDO, so if anything they don't want to look like they would cave in on something the progressive movement would want,' a source said. 'Their view … that was the worst, it is only going to get better from here.'"

WHERE THERE'S SMOKE — " Edison remains silent on status of fire chief," by MyCentralJersey's Suzanne Russell: "The township's longtime Fire Chief Brian Latham apparently remains suspended and township officials remain mum about the reason. Latham has served as fire chief since March 2010. He has not answered calls to his office or cellphone this month. Township officials have refused to comment and return phone calls and emails about Latham's status … It's unclear if Latham is still being paid. State records show that Latham in 2021 had an annual salary of $215,170."

GLOUCESTER COUNTY — " Death of Gloucester County fire marshal's office K9 under investigation," by ABC 6: "The Gloucester County Prosecutor's Office has opened an investigation into the death of a fire marshal's office K9. Ember, the county's fox red labrador, died last Friday. At the Gloucester County Commissioner's meeting on Wednesday night, there were quite a few people who wanted questions answered as to how and why this happened. "I've requested multiple attempts to contact the people in charge and they didn't give me anything, have not given me any information in regards to anything. Yes, it is under active an active investigation, but we still deserve to know," said Commissioner Christopher Konawel Jr. Konawel says he's been trying to get an update about what's happened but it's been difficult to get clear answers. In fact, he says the only reason he found out Ember died was from an anonymous phone call."

AC MYSTERY — "N.J. offshore wind company paid $23 million for a full city block along the A.C. Boardwalk, but won't yet say what it's for ," by The Philadelphia Inquirer's Amy S. Rosenberg: "Atlantic Shores Offshore Wind, a company that holds one of two leases to build an ocean wind energy farm off the New Jersey coast, paid $23.5 million in June for a full city block bordering the Boardwalk. The company on Thursday confirmed the purchase of the property, an eye-popping price even in the speculator-rich town that inspired Monopoly. It is about a block from the Tropicana Casino, and across Belmont Avenue from the Ritz Condominiums and was owned by the Gurwicz company, Northfield-based developers. Atlantic Shores also recently purchased a back bay property for $3.5 million, bringing its recent real estate investment in Atlantic City to $27 million."

AMY DEGISE'S FAULT — "Jersey City council president says she regrets voting for dispensary owned by daughter," by Hudson County View's John Heinis : "The Jersey City Council approved three adult-use cannabis dispensaries resolutions, including one owned by Council President Joyce Watterman's daughter, who said today that she regrets the error. 'I realized after casting my vote for Resolution 22-621 that I had a conflict which should have compelled me to abstain on the matter. I was tired after having endured five hours of the emotionally charged environment of last night's council meeting, and in my eagerness to conclude the meeting, I forgot that I had intended to abstain,' she said in a statement."

—"Sawtooth Bridges replacement, a 'beast' of a project, receives $45M FRA grant"

—" Solomon again seeks DeGise resignation"

—"Parsippany's average tax bill to rise after council OKs contentious hike"

—"Franklin Council rescinds call for voter input to move school district election"

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EVERYTHING ELSE

ENJOY YOUR NEXT TUITION INCREASE — "$450K on DoorDash: Rutgers football's lavish spending extends to meal deliveries," by The Record's Jim Rimbach and Abbott Koloff: "For more than a year, Rutgers University football players enjoyed a pricey perk that few other students had access to — free DoorDash food deliveries from restaurants, convenience stores and pharmacies, paid for by the university, and ultimately by taxpayers and students. And the costs piled up. Football players ordered more than $450,000 through DoorDash from May 2021 through June of this year, according to a review of invoices and other documents obtained by NorthJersey.com.

"Rutgers documents state the DoorDash service was intended to provide meals to football players to 'sometimes replace' their 'in-house catered to-go meals.' But a NorthJersey.com review of 14 months of invoices — nine that listed individual orders by players — and other records related to the football team's DoorDash usage found that:

"While Rutgers intended the service to provide players up to five meals for a total of $75 per week, some players rang up daily totals of $100 or more, some topping $200. One player placed three orders in Chicago on a single day totaling $200 after Rutgers had completed its football season. ●Orders exceeded $40,000 per month five times, with players averaging 1,500 orders per month, or 50 a day based on the nine detailed invoices. Players made frequent orders from restaurants in New Jersey far from the Rutgers campus in New Brunswick as well as in other states, often in or near their hometowns."

FIRST SHOW TO FOCUS ON GOV. MURPHY'S HAIR — "'Weird NJ' horror-comedy series in works from Sony Pictures Television," By Deadline's Denise Petski: "Sony Pictures Television has acquired the rights to Mark Moran and Mark Sceurman's Weird NJ magazines and broader Weird U.S franchise for development as a live-action horror-comedy series. The project hails from Little Demon co-creator Kieran Valla and NJ native and filmmaker David Kaufmann and Vertigo Entertainment. First published in 1993, Weird NJ is a beloved travel guide to the places you won't find on a tourist map … The show will be based on the well-known Weird NJ magazines about an estranged family that is forced by destiny to protect New Jersey from evil, they must temper their resentments and battle a supernatural adversary, who plans to destroy the Garden State and then the world. Think It's Always Sunny in Philadelphia meets Stranger Things, but all set in Jersey."

TRUCK STOP GOES BACK TO SMELLING NORMAL BAD — "Chemical leak that caused days-long stench has 'fully ceased.' N.J. truck stop reopens," by NJ Advance Media's Jeff Goldman: "A chemical leak from a parked tanker truck that caused a horrid odor to linger over a large swath of South Jersey for days has 'fully ceased,' officials said. The truck stop in Gloucester County where the truck was parked has reopened and the vehicle has been moved to a corner of the lot as it awaits removal, Gloucester County Emergency Management officials said Wednesday night."

—" Pharma brings 800 jobs back to Roche site. But Nutley, Clifton can't agree on what's next"

—"Parts of 7 New Jersey counties are now in a 'severe drought,' according to feds"

—"Borgata's July set monthly record for Atlantic City casinos"

—" 'There is no future.' NJ mother laments after son charged with Salman Rushdie attack"

— "N.J. traffic deaths continue to rise after state recorded a 14-year high last year "

A message from Anbaric Development Partners:

Governor Murphy has advanced New Jersey's position as a national leader in the fight against climate change—and Anbaric is proud to have worked alongside the state to prioritize offshore wind transmission during its historic solicitation process.

Our climate crisis demands bold solutions enacted by leaders focused on the future. As the long-term lone industry advocate for a planned transmission approach, Anbaric is positioned to bring offshore wind energy to shore while prioritizing ratepayers, the environment, and the future.

Our Boardwalk Power Link portfolio featuring a range of projects offers an unparalleled proposal in response to the state's first-in-the-nation offshore wind solicitation. By maximizing strategic onshore interconnection points, such as the Deans Substation in Middlesex County, our transmission infrastructure is designed to bring clean energy to shore through a strong, reliable network.

With decades of experience throughout the Northeast, Anbaric is prepared to power New Jersey's clean energy revolution.