News: POLITICO New Jersey Playbook: Would gun N.J. law get 'nah' from Kavanaugh?

Monday, October 24, 2022

POLITICO New Jersey Playbook: Would gun N.J. law get 'nah' from Kavanaugh?

Oct 24, 2022

Presented by Robert Wood Johnson Foundation

Good Monday morning! Ry Rivard and Carly Sitrin here filling in for Matt today.

This summer , the Supreme Court struck down a New York law that made it difficult for people to get handgun carry permits, which meant similar New Jersey legislation was also doomed. But the high court said even if states have to grant far more permits to people who want to carry around hand guns, governments can still ban handguns from "sensitive places," such as school and government buildings.

Immediately, Gov. Phil Murphy said he supported banning guns from places he considers sensitive. His broad list is basically every place you'd expect there to be and not want a mass shooting — as if there is a good place to have a mass shooting — and includes places that serve alcohol, hospitals, day care centers and stadiums.

The idea has now made its way into broader gun legislation that will likely pass on party lines and almost immediately face legal challenges.

New Jersey's non-partisan Office of Legislative Services has determined that parts of the broader gun bill are "likely" constitutional, but is less sure that all those "sensitive places" could withstand court challenges, as our colleague Daniel Han reported. The analysis does not say that any part of the bill is outright unconstitutional — that is for the courts to decide. However, it said there is a "dearth" of relevant case law and that the constitutionality "would turn on whether a court could find that a named place is a historical analogue to schools and government buildings," where gun restrictions already have the high court's blessing. A similar new law in New York was meant to keep guns out of places like New York City subways and Times Square, but courts have already blocked part of the measure.

The New Jersey analysis raises similar questions whether the high court would uphold a mandate that gun owners buy liability insurance, which would be the first statewide mandate of its kind should the bill become law. Assemblyman Jay Webber (R-Morris), who said he requested the legislative opinion, said it suggests the bill is on constitutional "thin ice." Democrats have stood by the bill and have vowed it would make it through the Legislature and past court challenges.

"The Republicans said on the record, there is no version of this bill nor any amendments where they would ever vote for it," Assemblyman Joe Danielsen (D-Somerset), a gun owner and sponsor of the bill in the lower house, said in an interview. "That tells me they stopped legislating. The cold hands of party politics are firmly around their neck."

Also on guns: "Jersey Democrats' gun-control bill is shot full of holes" and " NJ is now a concealed carry state. Let's adjust intelligently ."

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 260

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WHAT TRENTON MADE

COURTS — " Controversial, high-profile N.J. corruption case to be taken up by state Supreme Court ," by NJ Advance Media's Ted Sherman: "It is a case that has been challenged in the courts for nearly three years. Did former Bayonne mayor hopeful Jason O'Donnell commit a crime when an informant working for the state allegedly dropped off a bag of cash in what authorities say was a blatant attempted payoff intended to cement a lucrative contract upon his election? Now the New Jersey Supreme Court will decide the matter. The state's high court, in an order issued on Friday, agreed to take the controversial case that grew out of an undercover sting operation by the Attorney General's office."

LABOR — " Workers, employers will pay less to fund family leave and disability programs ," by New Jersey Monitor's Nikita Biryukov: "New Jersey will slash employee contribution rates to state family leave and temporary disability insurance amid a glut of funds and lagging utilization, Labor Commissioner Robert Asaro-Angelo announced Friday. Temporary disability insurance rates will drop from 0.14% to zero, while family leave contribution rates will decrease by more than half, from 0.14% to .06%. The changes are expected to save workers an average of $111.50 — or $223 million statewide — in 2023."

FINANCES — " New borrowing will replace an old bridge ," by NJ Spotlight News' John Reitmeyer: "New Jersey's latest big debt issue will help fund the replacement of the Portal Bridge, a key north Jersey rail crossing often the source of train delays and other major commuting headaches. Construction on the $1 billion-plus rail project began in earnest earlier this year, and now the state, using its Economic Development Authority, has issued nearly $600 million in bonds to help cover costs that are being split with other agencies, including the federal government."

CHILD WELFARE — " Federal oversight of N.J.'s child welfare system won't end until lawmakers act, child advocate says ," by NJ Advance Media's Susan K. Livio: "A plan by Gov. Phil Murphy's administration to end nearly 20 years of court oversight of New Jersey's child welfare system — once considered to be among the most dysfunctional and mismanaged in the nation — has hit a snag. The tentative agreement reached in March with the court monitor and a child advocacy organization relied on the state Legislature passing a bill that would create a state oversight panel. But that hasn't happened yet."

HOMELESSNESS — " Homeless population increased in N.J., survey says. Here's the county-by-county breakdown. ," by NJ Advance Media's Nyah Marshall: "New Jersey's homeless population increased by 8% this year after sharply decreasing in 2021, according to a newly-released survey. NJCounts is a one day, 'point-in-time' tally that was conducted Jan. 25 to give a snapshot of how many people were experiencing homelessness in each county on that day, organizers said. The count, conducted by volunteers, included people in emergency shelters, transitional housing programs and those living on the street or in other conditions."

— " Here's why police could be at some NJ polling stations on Election Day "

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BIDEN TIME

MORAN — "What?? Did Republicans really say that?" by The Star Ledger's Tom Moran: …"For homeowners who are paying more since 2017 because of this cap, here's the bottom line: If Republicans gain control of the House, this fight is over. You lose. Even if Democrats win, the most that homeowners can realistically hope for is something like Malinowski's $80,000 cap. For middle-class families, that's plenty, since anyone bumping against that higher cap has to be wealthy. Gov. Phil Murphy and his neighbors will still get hit, but they'll manage."

CAMPAIGNS — "The fight for America begins in N.J. As our hottest congressional race goes, so may go the nation," by NJ Advance Media's Jonathan D. Salant and Riley Yates: " On the surface, the fevered race in New Jersey's 7th Congressional District looks like a natural rematch between candidates who fought to a near-draw two years ago. But to a politically split America slogging through a tough election year, the contest pitting Republican Tom Kean Jr. against incumbent Democrat Tom Malinowski is much more than that. What happens in New Jersey's most competitive race could very well determine which party controls the U.S. House of Representatives at President Joe Biden's midterm, and not simply because this one seat could stay Democrat or flip to Republican."

REPRODUCTIVE RIGHTS — " Pallotta softens stance on abortion, then recants ," by New Jersey Globe's Joey Fox and David Wildstein: "Republican congressional candidate Frank Pallotta flipped his view on abortion twice [Thursday], first saying that he would not support a national abortion ban in Congress and then a few hours later announcing that he would vote for a 20-week abortion ban and a Human Life Amendment to the U.S. Constitution."

RESIGNATION SOUGHT — " Howell mayor requests deputy mayor's resignation after 'Let's go Brandon' incident ," by the Asbury Park Press' Charles Daye: "Mayor Theresa Berger requested Deputy Mayor Pamela Richmond's resignation after a manager from the Ivy League Bar and Grill accused Richmond of inappropriate and aggressive behavior at the Route 9 establishment. Ivy League manager and Jackson Township resident Kimberly Shulskie told the Township Council that on Oct. 9 Richmond and her partner became irate and began shouting obscenities at her when she asked the couple to stop chanting "Let's go Brandon," a popular Republican rallying cry meant to denigrate President Joe Biden, a Democrat."

COVID — " Chris Smith wants CDC to release data that justifies COVID vaccines for schools ," by New Jersey Globe's David Wildstein: "A senior House Republican [on Friday] charged the Biden Administration with failing to disclose clinical data and trials to justify a Center for Disease Control recommendation to include COVID vaccines. Rep. Christopher Smith (R-Manchester) says that recommended changes to the 2023 school immunization schedule could lead to mandatory COVID vaccines for school entry. … Smith wants to see the clinical trials that justified the CDC decision.

A message from Robert Wood Johnson Foundation:

LOCAL

REDEVELOPMENT — " Split Holmdel board OKs dementia care village for old farm as neighbors divide ," by the Asbury Park Press' Olivia Liu: "A $12,000-per-month fully enclosed dementia care village right off the Garden State Parkway at exit 114 was approved by the zoning board in a 5-2 vote Wednesday night, marking the end of an application that began more than a year ago and divided neighbors against each other. … The village, modeled after the urban dementia village in the Netherlands called Hogeweyk, will include 11 one-story residential buildings, a pair of two-story residential buildings, a two-story administrative building and a recreation center. The entire village will be enclosed by a secure perimeter. A grocery store, restaurant and theater are planned to open with the site to mimic normalcy for its residents with dementia. A total of 105 beds could be available, with 10% being reserved for residents on Medicaid, which would help fulfill future affordable housing quotas for Holmdel."

LAWSUIT — " Montague school bus driver disciplined after reporting 'dangerous' practices, lawsuit says ," by the New Jersey Herald's Lori Comstock: "A Montague School bus driver who voiced concerns for students' well-being after she said she witnessed 'dangerous, unsafe practices' of other drivers and policy violations by administrators, claims her feedback was met with retaliation and disciplinary action. Now she's suing the school board and district officials."

— " Avon dad gets 10 minutes to pitch drug research to save daughters from memory killer "

— " Montclair town manager could be placed on leave following CFO's lawsuit, allegations "

— " N.J. youth sports coach indicted on sex assault charge involving child "

— " Two of America's largest mansions are in NJ. See where they are today "

JOIN WOMEN RULE THURSDAY FOR A TALK WITH DEPARTING MEMBERS OF CONGRESS: A historic wave of retirements is hitting Congress, including several prominent Democratic women such as Illinois Rep. Cheri Bustos, House Democrats' former campaign chief. What is driving their departures? Join POLITICO on Oct. 27 for "The Exit Interview," a virtual event that will feature a conversation with departing members where they'll explain why they decided to leave office and what challenges face their parties ahead. REGISTER HERE .

EVERYTHING ELSE

SCHOOLS — " 'Happening way too much': Edison schools to review student sex violence, harassment claims ," by MyCentralJersey's Cheryl Makin: "The [Edison] school district will be creating a committee of students, parents and educators to review allegations of sexual violence and harassment at the district's two high schools as well as students' frustration and anger over what they believe has been a lack of help or response from administrators and teachers."

INFLATION — " More NJ families may cancel Thanksgiving to save money ," by New Jersey 101.5's Eric Scott: "Faced with rising food prices and tight budgets, more families are planning to scale back Thanksgiving dinner or cancel plans entirely. Inflation has hit many New Jersey families hard, forcing them to cut back on many expenses. Will that include canceling holiday plans in November? While specific numbers for the Garden State are unclear, a new survey from Personal Capital claims one-in-four Americans plan to pass on Thanksgiving this year to save money."

— Asbury Park Press: " No charges for cops who fatally shot knife-wielding hostage taker at Keansburg Pharmacy "

— MyCentralJersey.com: " 10 years after Superstorm Sandy, Sayreville recounts survival and heroism "

— Philadelphia Inquirer: " Ocean City daily and weekly beach tag fees will double next year "

A message from Robert Wood Johnson Foundation:

Efforts to make New Jersey a healthier, more equitable state took a major step forward with Acenda Integrated Health receiving funding from RWJF to serve as the "incubator" organization to launch the state's first public health institute.

The institute will promote collaboration and build capacity in New Jersey, where public health infrastructure and systems are stretched thin. It will play a key role in a reimagined public health system in the state. Today, 33 states are served by a public health institute; New Jersey's would be the first to have health equity as a founding priority.

"Dedicated advocates, community members, and partners in state government have worked hard for this moment to arrive," said RWJF's Maisha Simmons. "Everyone in New Jersey should be able to live the healthiest life possible – and a establishing a public health institute is a critical step on that path."