By Joseph De Avila 

Republicans in the Connecticut Senate on Tuesday blocked the confirmation of Gov. Dannel Malloy's choice for chief justice of the state Supreme Court in a highly unusual partisan dispute over a judicial nomination.

The state Senate voted against elevating Associate Justice Andrew McDonald, who has served on the Supreme Court since 2013, to the top spot on the court by a vote of 19 to 16. The state Senate is equally divided between Republicans and Democrats, but one Democratic senator recused herself due to a conflict.

Mr. Malloy, a Democrat, will be able to nominate another chief justice for the state Supreme Court.

Supporters of Justice McDonald used political campaign-style robocalls to encourage residents to contact lawmakers to vote for the governor's pick.

"Our two-party system here in Connecticut, like we see in Congress, is becoming increasingly polarized," said Gary Rose, chairman of the department of government, politics and global studies at Sacred Heart University. "The Republicans have become a more conservative party over time, and the Democratic Party has pulled more to the left."

"I don't know what the future holds for me," Justice McDonald, 51 years old, said in a written statement. "I do know, however, that I will face it secure in the love and affection of my husband, Charles, and an amazing group of friends and family that I cherish."

Republican opposition to Justice McDonald was driven by personal animus against the governor, Mr. Malloy said. The governor also said some GOP members refused to elevate Justice McDonald, former general counsel for the governor, to the top position on the Supreme Court because he is gay, which Republicans deny.

"It is now an undeniable fact that Andrew McDonald has been treated differently than others who came before him. It begs the question, what is different about Justice McDonald that so concerns Connecticut Republicans?" Mr. Malloy asked at a Tuesday news conference.

GOP leaders have called Justice McDonald a judicial activist and object to his nomination because they say his personal views influence his court opinions. State Sen. John Kissel, the Republican chairman of the judiciary committee, said Justice McDonald's sexuality didn't factor into his caucus's vote to block his elevation.

"The story is about a handful of judicial decisions and whether the majority of folks feel that Justice McDonald is appropriate at this time in his judicial career to be the chief justice of the state Supreme Court," Mr. Kissel said. "This is not about Justice McDonald's personal views on how he wants to run his personal life."

State Sen. Martin Looney, the top-ranking Democrat in the chamber, said Justice McDonald meets the standards for chief justice of the Supreme Court, noting that he also served for eight years in the state Legislature in addition to his time in the governor's office and on the state Supreme Court.

"That gives him the most broad-based, unique perspective, I think, that anyone could have to bring to the leadership of the court," Mr. Looney said.

Dozens of faculty members from Quinnipiac University School of Law, University of Connecticut School of Law and Yale Law School also supported Justice McDonald's nomination.

Write to Joseph De Avila at joseph.deavila@wsj.com

 

(END) Dow Jones Newswires

March 27, 2018 17:53 ET (21:53 GMT)

Copyright (c) 2018 Dow Jones & Company, Inc.
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