In what may set a record for speed, the New Jersey COVID-19 Emergency Bond Act (A-4175), passed both houses of the Legislature on July 16, and was signed into law by the governor on the same day. At 4:09 p.m. that afternoon, New Jersey Republican State Committee v. Murphy was filed in the Law Division of Superior Court. (It is unclear whether the original complaint was filed before or after the governor signed. It states that the governor’s signature was expected “imminently,” which was changed to “ostensibly” in an amended complaint lodged the next day after the Supreme Court assumed jurisdiction) The next day (July 17), a sua sponte order from the Supreme Court was entered pursuant to R. 2:12-1, which declared that the matter was now deemed pending in the Supreme Court, ordered expedited briefing, and scheduled oral argument for Aug. 5.

We opined on the constitutional issues raised by this bill just recently. Editorial, Stopgap Budgeting Raises Constitutional Questions, 226 N.J.L.J. 1626 (Jul. 5, 2020). We stand by our earlier judgment that these bonds should be found to pass constitutional muster. Nevertheless, the gravity of this case, which may be as important for the future of this state as any the court is likely to hear in many years, merits further comment.