Attorney Neal Katyal, who is set to assist Middlesex County Democrats in their legal battle to uphold the controversial practice of ballot rigging in New Jersey, has defended global corporations accused of profiting from child slavery.
This association has raised significant concerns and sparked debates about ethical considerations in legal representation and the broader implications of such connections in political and legal arenas.
Middlesex County Democratic party boss Kevin McCabe enlisted the help of Katyal in the legal battle to preserve the controversial practice of ballot rigging in New Jersey.
Katyal is a former Obama administration Solicitor General, an appellate lawyer who is a partner at the Hogan Lovells law firm, and the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center.
The move has drawn criticism from progressives who condemn Katyal’s past legal representation of global corporations accused of profiting from child slavery.
Katyal also represented Johnson & Johnson in a civil suit against the company for selling talcum baby powder contaminated with carcinogens, a case in which his billing rate was $2,465 per hour.
Katyal was expected to submit a brief on behalf of Middlesex Democrats to the Third Circuit U.S. Court of Appeals today.
A three-judge circuit court panel denied a bid to stay Quraishi’s decision but expedited an appeal this week. Oral arguments will take place in Philadelphia on April 12.
Kevin McCabe, chairman of the Middlesex County Democratic Committee, retained Katyal to represent the party bosses in their appeal against a preliminary injunction granted by U.S. District Court Judge Zahid Quraishi.
This injunction barred New Jersey county clerks from manipulating primary election ballots to unfairly benefit favored candidates, a practice widely condemned as undemocratic and favoring party insiders.
Katyal’s involvement has raised eyebrows due to his previous legal work representing corporations like Nestlé and Cargill in cases involving child slavery allegations. In Nestlé USA, Inc. v. Doe, Katyal argued that these corporations should not be held liable for their use of child slave labor, citing legal technicalities and international law interpretations.
The current legal battle in New Jersey revolves around the controversial “county organizational line,” a ballot design system that groups party-endorsed candidates together, giving them a significant advantage over other candidates.
Critics argue that this system disenfranchises voters and perpetuates a cycle of incumbency, where favored candidates consistently win due to their placement on the ballot.
A lawsuit challenging this ballot system originated with various candidates and organizations, including the New Jersey Working Families Alliance, Better Ballots New Jersey, and the Good Government Coalition of New Jersey.
These plaintiffs argued that ending the unfair ballot system would hold politicians accountable to voters rather than party insiders, a complaint raised on an emergent basis by three current primary election candidates, Rep. Andy Kim, Sarah Schoengood, and Carolyn Rush.
The preliminary injunction issued by Judge Quraishi has temporarily halted the use of the county organizational line in the 2024 Democratic primary.
However, the legal battle is far from over, with an appeal scheduled in the Third Circuit U.S. Court of Appeals, which refused to issue a stay but expedited the case.
Oral arguments are set to take place in Philadelphia on April 12, highlighting the urgency and significance of the case.
While Katyal’s legal expertise is undeniable, his involvement in contentious cases related to corporate accountability has invited criticism among political activists.
The outcome of the appeal in New Jersey could have far-reaching implications for electoral fairness and the balance of power between political establishment power brokers and grassroots activists.