In an earlier post, I noted the wisdom of the Democrats' decision not to appeal Judge McNamara's opinion in Smith v. Espada. Turns out I jumped the gun. After negotiations between the two caucuses broke down again on Thursday, the Democrats changed their mind and will appear before the Appellate Division on Tuesday, a day after the scheduled conclusion of the session. Hopefully the court will affirm the earlier case.
But does it really make a difference? Even if Malcolm Smith (or John Sampson) is ruled the Temporary President, this does not produce a quorum, unless the Smith-Sampson team adopts the Espada position that the Temporary President has two votes on a quorum call. Of course, they have strenuously opposed this view until now. (My earlier post about Espada's possible entitlement to two votes does not include quorum calls. It is fairly clear that each member can have no more than one vote on such a procedural motion.)