Professor Eric Lane, Eric J. Schmertz Distinguished Professor of Public Law and Public Service, was quoted in the following New York Daily News article.
The 31-31 Question
By Elizabeth Benjamin
New York Daily News
June 15, 2009
Eric Lane, a Hofstra Law School professor and former counsel to the Senate Democrats (1981-86), noted that not every piece of legislation is going to result in a tie.
In fact, other than the leadership question, which is, of course, tantamount to the ability to run the chamber, and things like budget votes or hostile amendments, it’s not all that common for the chamber to break down strictly on party lines.
However, there is the possibility that controversial issues – gay marriage, for example – could deadlock the chamber. If Espada (who is a “yes” on this issue) casts two votes and the measure gets signed into law by the governor, it would likely wind up…yes, you guessed it, in court.
“I don’t think they were thinking this through when they let him be president of the Senate,” Lane said of the Republicans.