General Assembly Post-Game Wrap-Up/Pre-Game Show: Thursday, January 30, 2025
The Big Story: State Senate Prepares To Disgrace Itself. Man, I was wrong, didn’t think it would come to this:
The Delaware State Senate is going through with hearing Bethany Hall-Long’s appointments to the Diamond State Port Corporation Board despite Gov. Matt Meyer’s request to dismiss them.
During her two-week stint as governor, Hall-Long nominated former Secretary of State Jeff Bullock — who served as the board’s chair for years as a part of his cabinet position — on Jan. 20, one day before Meyer’s inauguration.
She also nominated three local labor leaders, William Ashe, Curtis Linton and Jame Ascione and Robert Medd, a former chair of the Delaware Board of Pilot Commissioners.
The board manages and operates the Port of Wilmington and also heads the development of the Delaware Container Terminal at Edgemoor, a project that has been halted due to legal permitting challenges.
Senate President Pro Tempore Dave Sokola (D-Newark) responded with another letter, saying Meyer is welcome to make his own nominations, but the leadership team feels Hall-Long’s candidates are qualified.
“We believe, based on our own legal research, that these are viable nominees before the Senate. Whether you take issue with process, or with individual nominees on their perceived merits, we invite you to advance your own nominees for Senate consideration — a step that is well within your rights as Governor. As you write in your letter, ‘now is the time for considered collaboration on this important matter.’ We agree that a ‘robust and deliberative process’ is critical,”
The letter did not explicitly state the nominations would be withdrawn, and according to the Senate Executive Committee’s hearing schedule, all five of Hall-Long’s candidates are slated to undergo their confirmation hearings Thursday morning starting at 10 a.m.
Let’s start with the obvious–nobody, other perhaps than Delaware’s Worst Governor Ever, has done more to screw up negotiations at the Port than Jeff Bullock. To borrow a phrase from yesterday’s Open Thread, he is ‘anti-qualified’.
Equally important, the argument as to the nominees’ qualifications are secondary when it comes to the fact that this was an inside deal engineered with the loser of the Democratic primary for Governor and some people in the Senate who appear to just want to stick it to Meyer. Most fair people would conclude that a new Governor should have the right to make these appointments. Instead, we’ve got a dick-measuring competition on our (figurative) hands.
The irony is/was that my initial ‘Big Story’ was gonna be ‘Not With A Bang, But With A Whimper’, because not much was scheduled for today. Instead, we’ll see if these nominations clear committee and, if so, if they come to a vote on the Senate floor today.
Here is yesterday’s Session Activity Report. As expected, HB 140 (Morrison) cleared its House committee. It won’t be considered until after the break.
Just a comment: I was pretty impressed with how Speaker Minor-Brown handled yesterday’s House Rules Committee meeting. My sense is that she is doing everything she can to change the tone from the soul-crushing approach taken by her two immediate predecessors. I also wish that Rep. Lynn had listened to her suggestions about HR 8. The intent is good, but it definitely is something that needs to be done in concert with the Senate. In other words, a House Concurrent Resolution. The proposed rule deals with how the House could go about removing a public official from office (think Kathy McGuiness). While the Constitution grants the General Assembly the authority to do so, it is silent on how the process should work. To me, it’s a no-brainer that the process, by necessity, must involve both the House and the Senate. Which is why I don’t understand why Rep. Lynn has chosen this hill to die on.
Only bill of note on either agenda today is SB 50, the ‘mini-Bond Bill’. Don’t take my word for it. Senate Agenda. House Agenda.
The Senate will also likely consider other, presumably less controversial, nominations during session today. Which reminds me, four Rethugs voted against the nomination of Cynthia Marten to be Secretary Of Education: Buckson, Lawson, Richardson, and Wilson. Both Sens. Hocker and Pettyjohn voted for the nomination. Only nomination so far with any no votes.
I don’t know whether Gov. Meyer will have a budget proposal before JFC hearings start. Something to keep an eye on.
Over and out for six weeks. When we return, we will likely have two undistinguished placeholders taking their seats in the State Senate. Can hardly wait.
Stream of Executive committee is live
Looks like they are rolling ahead…..be a bad look for the State Senate if they push this through. Take notice Townsend, Sokola, Tizzy, Pinkey, and Huxtable…..we are watching, siding with BHL would not be forgotten
It is pretty clear that the Senate action is meant to be a test of Meyer’s will. And it sure looks like Meyer has neither the political or institutional cojones to call the Senate on its egregious misreading of the process for Governor’s appointments under Art. II, sec. 9 of the State’s Constitution. In the past, the DE courts – when called upon to read the the powers and process of the Governor under Section 9 – have always looked to historical federal judicial and executive branch precedents under the comparable Presidential appointment power in the the federal Constitution (see the 1980s River and Bay authority cases). If that methodology stil holds, then it is crystal clear that even if the Senate might confirm Hall=-Long’s nominees, Meyer can still ignore that body’s action and chose not to “complete” the “appointment” process by not signing the nominees’ Commissions. In such case, there would be no” valid appointment.” 23 Op. OLC 232 (1999). The Senate’s action here misunderstands that the their “consent” does not complete the “appointment.” Marbury v. Marshall. Rather, the Governor still retains the discretionary authority to not complete the “appointment” nomination and the Senate in such case has not further role.
But it sure looks like Meyer has neither political nor institutional interest in preserving the constitutional Gubernatorial appointment power. If that is so, it is he, and not the Senate, that deserves less respect.
Well, you just taught us more about these precedents than most people understand.
An alternative theory could be that Meyer didn’t either.
Now he does. Thank you for laying it all out there.
Looks like the Senate is going to ask the Delaware Supreme Court for an advisory opinion as to whether BHL’s nominations are still valid.
So, they’re gonna hold off on considering the nominations?
Looks like it. Prob a smart caving in by the caucus.
Didn’t seem to be going well politically for them.
BHL was caretaker Governor by a fluke in the calendar. The idea that she would try to exercise this authority is embarrassing among other things. The fact that Senate leadership is running with it is absurd.
Agree with the first comment. Redbar is watching.
You are right but I guess Bryan Townsend and the Senate Leadership missed the memo on this point.
It amazes me how this caucus and organized labor can’t get over their electoral embarrassment by losing to Matt Meyer. Betting it all on Bethany, who is a terrible campaigner, was their choice. Now crying over the result isn’t the best look.
Labor paid damn good money for those politicians and they intend to get their money’s worth.
Well, they didn’t today. The Senate wisely punted on the Port nominations.
The irony being, in part, that Meyer will likely nominate the same labor names to the Board as BHL did. But having a guy who has cost the state countless millions of dollars as part of the various Port sales as Chair should be a non-starter.
When our democracy is under the assault of a would be dictator, it is time for all of the Blue State governors to hang together with support from their own caucuses. Senate leadership, we are watching and we will not forget. Put your pettiness aside and support our governor.
I don’t think we should blindly support anybody.
But this situation was passing strange.