Concord, NH — RebuildNH today announced its strong opposition to Governor Kelly Ayotte’s nomination of Judge Daniel Will to the New Hampshire Supreme Court, warning that his confirmation would threaten core constitutional freedoms and tilt the Court decisively against conservative litigants for years to come.
“Opposing a judicial nominee is not a step we take lightly,” said JR Hoell, founder and treasurer of RebuildNH. “But Judge Will has already demonstrated that he views constitutional rights as conditional on government convenience. That is incompatible with the role of a Supreme Court justice, whose duty is to restrain power—not excuse it.””
RebuildNH’s opposition centers on Judge Will’s role during the COVID-19 state of emergency, when, as New Hampshire Solicitor General, he advanced a legal theory arguing that constitutional rights could effectively be set aside during a declared emergency. Court records show that Will urged judges to grant executives “broad latitude to suspend civil liberties” while emergency orders remained in effect.
That theory, critics warned at the time, placed unchecked power in the executive branch. In 2021, Republican legislators publicly denounced the argument, with the New Hampshire House adopting legislative findings stating that 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 likewise condemned the theory on the Senate floor, noting its similarity to the legal rationale used to justify Japanese internment.
OPPOSE JUDGE WILLS – TAKE ACTION NOW
RebuildNH is also deeply concerned by Judge Will’s testimony during his subsequent Superior Court confirmation hearing. When questioned by the Executive Council about his emergency-powers arguments, Will denied ever advancing such a theory, despite court filings — including pleadings bearing his own signature — showing otherwise.
Former Executive Councilor Dave Wheeler, the sole vote against Will’s confirmation at the time, later stated, “He denied that he asked that the constitution be suspended, and nothing could be further from the truth. I feel that he was being deceptive.”
RebuildNH has previously opposed judicial nominees, including former Attorney General Gordon MacDonald, for advancing similar views that constitutional rights may be suspended during a declared emergency. That same concern compels our opposition to Judge Will’s nomination.
“When a nominee has argued that constitutional liberties can yield to executive power in times of crisis, the stakes are simply too high to remain silent,” Melissa Blasek, executive director of RebuildNH said. “The New Hampshire Supreme Court must serve as a check on government overreach, not an enabler of it. We urge every Executive Councilor to reject this nomination and protect the constitutional rights of Granite Staters.”
RebuildNH calls on citizens to immediately contact their Executive Councilors and urge a vote against Judge Daniel Will’s confirmation.
