In re Requests of an Opinion of the Justices

Summary

The Court accepted the requests for an advisory opinion because they concern a present constitutional duty and no adequate quo warranto proceeding was currently available. It concluded that the Governor may withdraw nominations to the Diamond State Port Corporation board before Senate confirmation because the Constitution treats Senate consent as necessary to complete an appointment and does not prohibit withdrawal before that point. The Court declined to answer whether the prior Governor had authority to submit the nominations because that issue was no longer genuinely disputed, and it declined to address commissions because its withdrawal answer made that question unnecessary.