Gov. Christie faces a week of criticism after aggressive first months in office

Governor deals with fallout from Supreme Court nomination, strike down of executive order

Lisa Fleisher/Statehouse BureauLawyer Anne Murray Patterson was nominated to the N.J. Supreme Court by Gov. Chris Christie during a press conference at the Statehouse in Trenton. Christie faced much criticism for the decision. TRENTON — After beginning his term with a burst of executive power, Gov. Chris Christie found rebukes around every corner this week, culminating with today’s court ruling striking down his executive order limiting political donations by public worker unions.

A three-judge appeals panel said Christie overstepped his bounds when he broadened campaign finance rules restricting businesses to include labor unions that have contracts with the state.

The court said unions are distinct from other "business entities," and Christie’s executive order is not "of the same species" as previous governors’ efforts cracking down on "pay-to-play," the controversial practice of awarding big government contracts to campaign contributors. Current law bans "business entities," such as law and engineering firms, that have state contracts worth more than $17,500 from donating more than $300 to statewide campaigns.

"We are not, by any means, concluding that what the Governor seeks to accomplish is illegal, impossible, or unwise public policy," the unanimous decision said. "We simply hold that what (the executive order) seeks to achieve must be pursued through legislation."

The ruling, days after Chief Justice Stuart Rabner and Senate President Stephen Sweeney (D-Gloucester) criticized Christie’s unprecedented decision to replace a sitting Supreme Court justice, gave the governor’s foes new occasion to remind him of his limits.

"We hope that the court’s clear and unambiguous rebuke of Gov. Christie’s overreach in this matter will serve as a reminder to the governor that he is not above the law," said Barbara Keshishian, president of the New Jersey Education Assocation. While unhappy with the decision, Christie said he did not see it as "any kind of personal rebuke, or rebuke to the office." He cited pieces of the decision upholding the governor’s power to issue executive orders in other instances, such as declaring a state of emergency. He has signed 26 executive orders.

"When you are going to govern aggressively to try to bring about change to a system that I think needs to be changed significantly... there are going to be times you’re going to swing and hit, and there are times you’re going to swing and miss," Christie said today.

The governor, a Republican opposed by public worker unions in last year’s election, said he is not giving up on limiting union donations to "level the playing field" with other donors. He said he is considering appealing the decision, proposing legislation, or rewriting the executive order.

Bucking tradition on the perceived independence of the Supreme Court is more problematic for Christie than today’s ruling, legal and political experts said. They said it is rare for New Jersey courts to strike down an executive order, but he has little to lose by pushing the envelope because separation of powers can vary from case to case.

"It’s very difficult to really draw any kind of clear line," said Robert Williams, a constitutional law professor at Rutgers School of Law. "It was inevitable that people would challenge what he’s done — not necessarily inevitable that they would win...This is the most powerful governor in the United States, but there are limits."