Court Strikes Down Executive Order on Labor Union Pay-to-Play

In a decision released today Appellate Division Judges Stern, Sabatino, and Harris struck down Executive Order No. 7 (“EO 7”) on the grounds that it violated New Jersey’s separation of powers doctrine.  The Court’s reasoning was premised upon the principle that an executive order must be based upon the advancement of an existing legislative act or constitutional mandate.  The Judges found that EO 7, which extended New Jersey’s pay-to-play laws to cover unions, was inconsistent with the current legislative scheme; and thus, was not in furtherance of New Jersey’s current pay-to-play laws.  The Judges did not, however, declare the underlying goals of EO 7 unconstitutional or against public policy and left open the possibility that such measures could be enacted through the legislative process.