Christopher Burgos
Christopher Burgos, president of the State Troopers Fraternal Association, said Tuesday his organization would ask the U.S. Supreme Court to review the state Supreme Court's ruling that the Christie administration was not obligated to make pension payments promised as part of a 2011 law. (MaryAnn Spoto | NJ Advance Media for NJ.com)
TRENTON — The State Troopers Fraternal Association of New Jersey said Tuesday it will ask the U.S. Supreme Court to review the state Supreme Court's ruling that Gov. Chris Christie's administration does not have to make pension payments promised as part of a 2011 law.
"After reviewing the novel and strained majority decision, and the spot on dissenting opinion, we, meaning the STFA, will take the next step to petition the US Supreme Court to hear this," the group's president, Christopher Burgos, said in an email statement.
In a 5-2 decision, the state Supreme Court ruled that regardless of the language and intent of the 2011 law, known as Chapter 78, the state Constitution barred the Legislature and governors from requiring future legislative sessions and administrations to make payments.
The majority also ruled such a requirement would circumvent the checks and balances baked into the annual budget process.
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In a dissenting opinion, however, Justice Barry Albin, joined by Chief Justice Stuart Rabner, said the decision conflicted with the federal Constitution's Contract Clause, essentially laying the groundwork for the nation's highest court to intervene.
Burgos, who was the lead plaintiff in the case before the state Supreme Court, said the majority gave the administration a "pass" on its contractual obligations.
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"I would warn anyone doing business or intending to do business with the state of New Jersey to be wary, with this majority decision giving the state an out if they don't want to fulfill a contract," Burgos said. "This majority decision also flies in the face of other pension payment cases throughout the nation."
He added, "We will continue this fight for what Justice Albin and Chief Justice Rabner so eloquently wrote in their dissent."
The effort will be an uphill battle, as the U.S. Supreme Court accepts only a small percentage of cases it's asked to review.
Christopher Baxter may be reached at cbaxter@njadvancemedia.com. Follow him on Twitter @cbaxter1. Find NJ.com Politics on Facebook.