Panel Investigating Andrew Cuomo Is Constitutional: New York Court

New York’s highest court backed the Commission on Ethics and Lobbying in Government.

Former New York Gov. Andrew Cuomo, in a file photograph. Kent Nishimura/Getty Images

The ethics panel that has been investigating former New York Gov. Andrew Cuomo is constitutional, New York state’s highest court concluded on Feb. 18 in a split ruling.

The Ethics Commission Reform Act of 2022 established the Commission on Ethics and Lobbying in Government, which subsequently took over a probe of whether Cuomo abused his position for personal benefit in relation to his book.

Cuomo sued, arguing that the ethics act violates the New York Constitution because it empowered an entity that now acts without proper oversight from the governor and can sanction the governor for legal violations.

The New York State Court of Appeals narrowly ruled on Feb. 18 against Cuomo, based on three factors.

“First, our separation of powers doctrine is flexible and based on a commonsense view of the workings of government, thus allowing for some overlap between the coordinate branches,” appellate Judge Jenny Rivera wrote for the majority. “Second, New York’s Governor does not have sole and unlimited powers to appoint or remove state officers because our State Constitution disperses those powers between the Legislature and the Governor. Third, the integrity of our constitutional design depends on the public’s trust in government, and the Act provides an additional ethics enforcement mechanism narrowly targeted to the problems inherent in the Executive Branch’s self-regulation.”

Rivera said the ruling was a close call, describing the act as going “very near the line of what is constitutionally permissible without crossing it.”

The high court overturned a lower court decision that had sided with Cuomo.

The commission took over an investigation started by a different body, which lawmakers and Gov. Kathy Hochul said was inadequate, over whether Cuomo improperly used his position to write and promote his book.

Appellate Judge Michael Garcia said in a dissent that the act blatantly encroached on the power of the executive branch.

“The majority both fails to acknowledge the development of robust executive power in New York and misunderstands the separation of powers implications of a non-unitary executive,” he said.

New York Attorney General Letitia James praised the ruling.

“The public deserves to have faith in their elected officials, and that requires a strong, independent, ethics watchdog. In New York, we value the rule of law, and my office will always work to ensure our laws are defended, no matter who attempts to sidestep or ignore them,” she said in a statement.

Rich Azzopardi, a spokesman for Cuomo, told news outlets in a statement that Cuomo is going to ask for reconsideration of the decision.

“This split ruling is a complete reversal from the unanimous opinion of six judges sitting on two levels of our court system,” Azzopardi said. “But it is disturbing that any judge of New York’s highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class.”