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The New Hampshire Supreme Court must protect our constitutional rights—not enable government overreach.
Governor Kelly Ayotte has nominated Judge Daniel Will to the state's highest court. His record raises serious concerns about his commitment to defending the constitutional rights of Granite Staters.
Why We Oppose This Nomination
He Argued Constitutional Rights Can Be Suspended
As New Hampshire's Solicitor General during COVID-19, Judge Will urged courts to grant executives "broad latitude to suspend civil liberties" during declared emergencies. This dangerous theory places unchecked power in the executive branch—exactly what our constitution is designed to prevent.
The Legislature Condemned His Position
In 2021, the New Hampshire House formally rebuked this argument, stating the Solicitor General had "disturbingly asked the New Hampshire superior court to hold that civil liberties are suspended due to the state of emergency." Senate President Sharon Carson compared Will's legal reasoning to the justification used for Japanese internment.
Questions About His Credibility
When the Executive Council questioned Judge Will about these arguments during his Superior Court confirmation, he denied ever making them. But court filings bearing his own signature tell a different story. Former Councilor Dave Wheeler, who cast the only vote against Will's confirmation, later said: "He denied that he asked that the constitution be suspended, and nothing could be further from the truth."
The Stakes Are Too High
A Supreme Court justice serves for years and shapes the law for generations. We need justices who will stand as a firewall against government overreach—not those who have argued that constitutional protections are negotiable during times of crisis.
Take Action Now
Contact your Executive Councilor today. Urge them to vote NO on Judge Daniel Will's confirmation and protect the constitutional rights of all New Hampshire citizens.
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The New Hampshire Supreme Court must protect our constitutional rights—not enable government overreach.
Governor Kelly Ayotte has nominated Judge Daniel Will to the state's highest court. His record raises serious concerns about his commitment to defending the constitutional rights of Granite Staters.
Why We Oppose This Nomination
He Argued Constitutional Rights Can Be Suspended
As New Hampshire's Solicitor General during COVID-19, Judge Will urged courts to grant executives "broad latitude to suspend civil liberties" during declared emergencies. This dangerous theory places unchecked power in the executive branch—exactly what our constitution is designed to prevent.
The Legislature Condemned His Position
In 2021, the New Hampshire House formally rebuked this argument, stating the Solicitor General had "disturbingly asked the New Hampshire superior court to hold that civil liberties are suspended due to the state of emergency." Senate President Sharon Carson compared Will's legal reasoning to the justification used for Japanese internment.
Questions About His Credibility
When the Executive Council questioned Judge Will about these arguments during his Superior Court confirmation, he denied ever making them. But court filings bearing his own signature tell a different story. Former Councilor Dave Wheeler, who cast the only vote against Will's confirmation, later said: "He denied that he asked that the constitution be suspended, and nothing could be further from the truth."
The Stakes Are Too High
A Supreme Court justice serves for years and shapes the law for generations. We need justices who will stand as a firewall against government overreach—not those who have argued that constitutional protections are negotiable during times of crisis.
Take Action Now
Contact your Executive Councilor today. Urge them to vote NO on Judge Daniel Will's confirmation and protect the constitutional rights of all New Hampshire citizens.