New Jersey Supreme Court Justice Faustino Fernandez-Vina turned seventy on Feb. 15 and was required to retire that day. Chief Justice Stuart Rabner has not replaced Fernandez-Vina with a temporarily assigned judge because it would have tilted unduly the traditional political balance of the court. We agree with that decision, and we are confident that the court will continue to function at its usual high level despite its reduced numbers.
But the delay in making a nomination and confirming nominees is far from optimal. We know of no prior occasion since adoption of the 1947 Constitution when the appointment of a person to fill a Supreme Court vacancy—whether caused by retirement, or even by resignation, of a sitting justice—has not been made before the effective date. Continuity is important. Opinions decided by close votes of a smaller or transitional court may establish principles that are more likely to be reconsidered when three vacancies are filled shortly thereafter and the court returns to its full compliment. We urge the governor to fill the vacancies and for the Senate to consider confirmation as soon as possible.
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