FOR IMMEDIATE RELEASE January 27, 2009 Richard Merkt/908-850-1595 (ext. 1520)        908-507-5033 (cell) Chris Venis/     908-507-6589 (cell)                                                                      MERKT: NEW JERSEY NEEDS A NEW HIGH COURT ATTRIBUTES POLICY BLUNDERS TO ACTIVIST JUDGES VOWS TO RESHAPE SUPREME COURT AS GOVERNOR Assemblyman Richard Merkt, who is a candidate for Governor of New Jersey, today vowed, if elected, to reshape the New Jersey Supreme Court into a body that decides cases impartially under the law, rather than uses cases as an opening to change the law.  Merkt noted that New Jersey’s worst public policy blunders of the last three decades -- the Abbott school district funding mandates and so-called affordable housing mandates -- stem directly from high court decisions that ventured well beyond the judiciary’s proper role as guardian of the state constitution. “In a democratic republic,” explained Merkt, “public policy decisions belong to elected representatives, who are accountable to the people for their actions.  If the elected officials err, they can be replaced at the next election; moreover, any mistakes they make in deciding public policy can be corrected by the next group of elected representatives.  Neither remedy is available when courts take over deciding public policy.” Merkt noted that the next Governor will have the opportunity to appoint at least four Justices to the seven-member New Jersey Supreme Court.  This will enable the Governor not only to name a majority of the high court’s members, but also to select nominees who recognize and respect the distinct constitutional roles of each branch of government. “It is vital to New Jersey’s future that all three branches of state government fulfill their proper roles,” declared Merkt, “so that our state can move forward with public policies that both work and serve the public interest.  The people of New Jersey must not be hobbled for decades with failed policies, simply because there is no way to undo them.  This is the prime danger of letting unaccountable public officials call the shots.”   Merkt called upon his fellow candidates for Governor to explain publicly how, if elected, they will determine their appointments to the New Jersey Supreme Court over the next four years.  He asserted that these key appointments are likely turn out to be the most significant decisions the next Governor will make.   “This is truly a critical issue for New Jersey’s future,” observed Merkt.  “The question of who decides public policy – elected officials or appointed judges – is central to being able to get rid of failed policies and return New Jersey to economic prosperity.  And the next Governor will play the most crucial role in deciding whether New Jersey is governed by the people or ruled by the courts.  The people have a right to know now exactly where each candidate stands on the issue of judicial appointments.” ####