The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Natali, which applied de novo review, affirmed a Law Division ruling that dismissed plaintiffs’ attempt to enjoin and invalidate the Medical Aid in Dying for the Terminally Ill Act, N.J.S.A. 26:16-1 to -20 (“the Act”). The Appellate Division agreed with the Law Division that, despite New Jersey’s relatively liberal standing rules, none of the plaintiffs had...

In re Establishment of Congressional Districts by the New Jersey Redistricting Commission, ___ N.J. ___ (2022). As summarized here, in a lawsuit brought directly to the Supreme Court under its original jurisdiction, Republicans challenged the decision of the New Jersey Redistricting Commission to select the Democrats’ proposed Congressional district map over the map proposed by Republicans. In a 24-page Order signed by Chief Justice Rabner, the Court voted 5-0 to dismiss the Complaint and uphold the Commission’s decision. Joining the Chief Justice were Justices Albin, Patterson,...

Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which Chief Judge Smith and Judge Chagares joined, is an important exception. The opinion was non-precedential because plaintiff (“the Campaign”) appealed the District court’s rejection of the Campaign’s attack on the vote in Pennsylvania only “on a very narrow ground: whether the District Court abused its...