A Fordham Law School Clinic is calling for improvements to New York’s procedures for gubernatorial succession and inability. There have been several unexpected turnovers in the state’s highest executive offices in recent years, but the Rule of Law Clinic says in a newly released report that “New York is unprepared to deal with a panoply of issues relating to gubernatorial succession.”
The clinic’s report outlines reform proposals in four areas:
- Procedures for declaring the governor unable to discharge the office’s powers and duties;
- Removal of the state constitution’s provision that transfers power to the lieutenant governor whenever the governor leaves the state;
- Procedures for appointing replacement lieutenant governors; and
- Updates to the gubernatorial line of succession.
The clinic students’ research included analysis of other states’ succession provisions and interviews with leading experts and current and former New York State government officials.
The Rule of Law Clinic is co-taught by Dean Emeritus and Norris Professor of Law John D. Feerick ’61 and Visiting Clinical Professor John Rogan’ 14. Feerick played a key role in framing the U.S. Constitution’s 25th Amendment, which deals with presidential succession and inability. He also worked with the New York State Law Revision Commission in the 1980s on developing gubernatorial succession reforms.
“It is past time for New York to shore up its gubernatorial succession procedures,” Feerick said. “The students’ terrific report provides a wealth of insights and information on this critical issue. It is an area that goes to the heart maintaining the stability of the state’s democratic institutions.”
The report, “Changing Hands: Recommendations to Improve New York’s System of Gubernatorial Succession,” was authored by students Ian Bollag-Miller ’22, Stevenson Jean ’23, Maryam Sheikh ’22, and Frank Tamberino ’22.
The report is available here.
The Rule of Law Clinic this spring also studied continuity of government issues at the federal level and will release those reports soon.
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