Justice may be blind but identity politics determines who gets nominated to the Court of Appeals https://nynow.wmht.org/blogs/criminal-justice/lawmakers-call-for-openly-lgbtq-judge-to-be-nominated-to-nys-highest-court/
The Court of Appeals is the highest court in the state court system, the third branch of state gov't in New York, and functions much like the U.S. Supreme Court
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