Students in Fordham Law School’s Rule of Law Clinic had an important hand in drafting legislation introduced in the New York State Senate to reform the state’s gubernatorial succession policies.
The legislation is the latest progress in the Clinic’s work over three semesters to develop and advocate for succession reforms. Clinic students have written four reports, published op-eds, met with lawmakers and legislative aides, interviewed experts, and coordinated with stakeholders.
Dean Emeritus John D. Feerick ’61 and Senior Fellow John Rogan ’14 teach the Rule of Law Clinic. Two years after graduating from Fordham Law, Feerick played a central role in framing the U.S. Constitution’s 25th Amendment, which deals with presidential succession and inability. The Clinic is advocating for New York to have its own version of the 25th Amendment.
Students collaborated with New York state Sen. James Skoufis and his staff on two bills that would transform gubernatorial succession in New York. One of the newly introduced bills is a proposed constitutional amendment and the other is a proposed statute. The constitutional amendment, S9541, would create procedures for declaring the governor unable to serve and remove the antiquated provision that automatically transfers power whenever the governor travels outside the state. The statute, S9575, would reform the process for filling vacancies in the lieutenant governor’s office and update the line of succession to the governor’s office.
Fordham Law students Brennan Corriston ’24, Sami Jumper ’24, Michelle Rossy ’24, and James Ziemba ’24 worked on the legislation this spring.
“I never imagined I’d have the opportunity to work towards such significant and sorely needed change any time throughout my legal career, never mind during my time at Fordham,” said Ziemba. “Professor Rogan and Dean Feerick really set us up for success with their experience both in gubernatorial succession specifically and advocating for constitutional reform more generally.”
Corriston added, “Our work in the Rule of Law Clinic was incredibly rewarding and exciting. We picked up the great work on gubernatorial succession by past semesters’ teams, made updates to the proposals, and found effective ways to advocate for the proposals with lawmakers and good government groups.”
In addition to reforms developed by the Clinic, the legislation includes proposals advanced by the New York State Bar Association (NYSBA). The Clinic and NYSBA have coordinated some of their efforts. This includes a co-sponsored public program at Fordham Law last fall, where former New York Governor David Paterson was among the speakers. Clinic students met with Paterson before his remarks at the program to discuss the importance of succession reforms.
The Clinic launched its gubernatorial succession project in spring 2022 with a report that influenced reform discussions and received media attention. A number of students in the Clinic during the fall 2023 semester published op-ed articles arguing for the proposed reforms in the legislation:
- Spencer Shih, Harry Solomon & Chase Cooper, Reforming the Process of Lieutenant Governor Replacement (New York Law Journal, Feb. 1, 2024)
- Liam Turner & John Rogan, NY Gubernatorial Absence Provision Is Obsolete and Harmful (Law360, Mar. 11, 2024)
- Alex Kasdan, Greta Kaufman & Jolie Gentzkow, A Better Gubernatorial Line of Succession (Fordham Law Voting Rights and Democracy Forum, Mar. 11, 2024)
- Antonia Spano, Steering the Ship of State: Ensuring a Capable Governor is Always at New York’s Helm (Fordham Law Voting Rights and Democracy Forum, June 27, 2024)
“The students in the Clinic have been remarkably dedicated in studying the subject area, examining statutes and constitutions of other states, and interviewing persons knowledgeable in the field before arriving at their conclusions,” Feerick said. “Adoption of their recommendations would elevate the executive succession provisions of the New York State Constitution, making them a national model in addressing problems that go to the heart of state government.”
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