Judge Allows Republicans To Control New York Senate

June 17, 2009 9:29 a.m. EST

Albany, NY (AHN) - Republicans scored a victory in court after a judge allowed a power-shifting vote cast last Monday to stand, giving the GOP control over the New York state Senate. Democrats had sought to undermine a rushed leadership vote that ousted Sen. Malcolm Smith and allowed Republicans to install Sen. Pedro Espada Jr. as president of the Senate.

State Supreme Court Justice Thomas McNamara rejected Democratic lawmakers' plea, despite claims that allowing Republicans to take over the Senate would unquestionably lead to deadlock. McNamara ruled that even in the face of inaction, the law must be upheld.

"The court is aware that the inability of the Senate to resolve these issues has had, and may well continue to have, a profound effect on the ability of government to address many issues which are of vital importance to the citizens of the state," McNamara explained.

On Wednesday, Republicans tried to return to business on the Senate floor, but were stopped when only 31 of the body's 60 members showed up. Democrats boycotted the session, but newly appointed Democratic leader John Sampson has vowed lawmakers will return to pass uncontroversial bills before the summer recess.

Last Monday, Democratic Sens. Hiram Monserrate and Pedro Espada Jr. defiantly switched parties, allowing Republicans to take power with a 32-30 majority. However, a week later, Monserrate switched back after Democrats reshuffled their leadership in the Senate.

Now, with a 31-31 tie in the Senate, Republicans say the leadership vote remains binding, and have begun to push for a return to legislating under their new "majority."

In an effort to return some normalcy to what many call a political "circus," Gov. David A. Paterson begged lawmakers to return to work. "I come before you to ask the members of the Senate to recognize that their duties as senators are more important than their duties as politicians," Paterson said on Tuesday.