On May 19, 2025, Legal Services of New Jersey presented the latest webinar in its Melville “De” Miller, Jr., Justice Series, Constitutional Law: A Year-In-Review. Over 800 participants joined the live presentation which featured a panel moderated by LSNJ Senior Vice President Akil Roper.
Panelists included Distinguished Professor Ronald K. Chen of Rutgers University Law School, Deputy Solicitor General Michael Zuckerman of the New Jersey Office of the Attorney General, and ACLU-NJ’s Director of Appellate Advocacy Ezra Rosenberg. During the program each speaker discussed their respective experiences advancing the civil rights of New Jerseyans under the constitution, particularly in light of recent federal actions, addressing such topics as immigration, free speech, and education.
Deputy Solicitor General Zuckerman addressed recent battles over government funding, the extent of federal immigration authority and the most recent U.S. Supreme Court argument challenging the federal executive order on birthright citizenship. One of the issues raised in Trump v. CASA, Inc., is whether lower court judges can issue universal injunctions against presidential executive orders. Zuckerman also placed recent federalism in a historical context noting that there have been continuing legal challenges testing the scope and limits of federal and states’ rights.
“To allow the states to experiment and to order things their own way is a valuable feature of the system,” said Zuckerman, “even when, at times, we’ve had parts of it that I'm sure we haven't [all] liked.”
Zuckerman also discussed recent litigation in the New Jersey Supreme Court over amendments to the Fair Housing Act involving the Mount Laurel doctrine, and Englewood Hospital & Medical Center v. the State of New Jersey, et al., in which the court is considering a challenge to the constitutionality of charity care in New Jersey and whether it is a “taking” of hospital property under the circumstances.
Director Rosenberg discussed three separate litigations challenging presidential executive orders on election integrity, the mass Reduction-In-Force, and law firms, particularly those who previously represented clients adverse to the interests of the administration or maintain diversity, equity and inclusion programs.
Here, Rosenberg was clear to point out limitations of executive orders on rights guaranteed under state statutory law.
“The president does not make the laws,” noted Rosenberg, “the president's job is to enforce the laws.”
Director Rosenberg also addressed recent voting rights cases which the ACLU has been involved in the appellate level.
Professor Chen addressed a few remaining key points, including the president's appointment and removal power and whether Humphrey's Executor v. U.S., a 1938 case limiting the ability of the president to remove an appointee to an independent regulatory agency, is going to be overturned.
Additionally, Professor Chen addressed the two First Amendment cases currently before the U.S. Supreme Court. In one of those cases, Mahmoud v. Taylor, the court will decide whether public schools burden parents’ religious exercise by compelling students to receive instruction on gender and sexuality against their parents’ religious beliefs and without the ability to opt out.
Professor Chen also posed questions to the other panelists before the entire panel took questions from the audience.
The Melville “De” Miller Justice Series offers free CLE credits for lawyers in New Jersey, is open to the general public, and created in honor of LSNJ’s founder, De Miller. The programs are designed to highlight areas of broad social and legal justice that have an impact on the low-income community in New Jersey—from new advocacy or government initiatives to specific issues or areas of law. View prior webinars at www.lsnj.org/JusticeSeries.aspx.