During Judge Anne Patterson’s confirmation hearing yesterday, according to NJ Spotlight, Senator Nia Gill mentioned that “there was talk that the Christie administration may bring a motion for reconsideration before the court, based on that argument [that the Court should not have rendered the recent Abbott decision with only three judges in the majority].” It would have to happen soon, with any such motion needing to be filed within 10 days of the decision, although that can be extended for “good cause.”
In other words, the State may challenge the Abbott XXI ruling, which directs an additional $500 million in school funding to our 31 Abbott districts, on the grounds that only 5 Justices heard the case and only 3 reached consensus.