On January 6, 2021, Gov. Chris Sununu (R) announced that he will renominate Attorney General Gordan MacDonald (R) to the New Hampshire State Supreme Court.
In New Hampshire, the governor makes nominations to the state supreme court and those nominees are then subject to the approval of the Executive Council. In order for the nominee to become a justice on the court, a majority of the members of the council must vote to approve them.
Sununu appointed MacDonald to the State Supreme Court in 2019, but the Executive Council rejected MacDonald’s nomination. Councilman Andru Volinksy (D) stated, “Mr. MacDonald has worked for and supported highly partisan politicians with shockingly extreme views.” After MacDonald was rejected, Sununu left the seat vacant throughout 2020. Sununu said, “If someone of Gordon MacDonald’s character and background is going to be dragged through the mud like this, why would I dare do it to anybody else?”
The first time Sununu nominated MacDonald, there were three Democrats and two Republicans on the Executive Council. In November 2020, every seat on the Executive Council was up for election. The balance on the Executive Council is now one Democrat and four Republicans.
In our Ballotpedia Courts: State Partisanship study, we analyzed the partisan data on each state supreme court in the country. In our study, we found that two justices on the court have Republican affiliations, one justice on the court has Democratic affiliations, and one justice on the court has an indeterminate party affiliation. If the Executive Council approves MacDonald, a majority of the justices on the court will have Republican party affiliations.