MacDonald joins New Hampshire Supreme Court bench as new chief justice

(The Center Square) – New Hampshire has a new Supreme Court chief justice, filling a more than yearlong vacancy on the state’s highest court.

Former Attorney General Gordon MacDonald will lead the five-member high court after his nomination was approved Friday by the Executive Council, more than a year after he was first tapped by Gov. Chris Sununu for the top judicial post.

In a statement, Sununu said MacDonald is “one of the most highly qualified individuals ever to serve as Chief Justice and will lead New Hampshire’s highest court with distinction.”

Sununu nominated MacDonald in 2019, but he was narrowly rejected by the Democratic-controlled Executive Council. Sununu vowed not to nominate any more candidates for judicial posts, arguing that the council’s decision was politically motivated.

But the council, which swung back to GOP control in the Nov. 3, 2020, elections, approved his latest nomination by a vote of 4-1 this time around.

Womens’ reproductive rights groups, such as Planned Parenthood, staunchly opposed MacDonald’s nomination to the state’s highest court, citing his record of working for Republicans that has led some to suggest abortion access could be curtailed under his tenure.

Those fears mirror national concerns about the new conservative majority on the U.S. Supreme Court following last year’s confirmation of Justice Amy Coney Barrett, who is viewed by pro-abortion advocates as an opponent of abortion rights.

MacDonald was appointed as attorney general in 2017. and stepped down from that position Jan. 8. Prior to that, he worked as a health care attorney, a clerk in the U.S. Court of Appeals for the First Circuit, a legislative aide for Republican U.S. Sen. Gordon Humphrey and a state campaign manager for former vice president Dan Quayle’s 2000 presidential run.

During his confirmation hearing, MacDonald pledged to recuse himself as a justice from civil and criminal cases the state was involved in while he was serving as attorney general.

He also declined to preview how he would rule as a justice in cases that came before the Supreme Court, including those related to abortion access.

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