Andrew Cuomo’s Executive Order on Israel Boycott Is Brazenly Autocratic

Governor says the legislative process is "a tedious affair."

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Cuomo
Van Tine Dennis/ABACA/Newscom

Lamenting that the legislative process is too "tedious," New York Gov. Andrew Cuomo issued an executive order Sunday that will punish private firms for engaging in anti-Israel activism. 

It's an outrageous move for the Democratic governor, and runs counter to the principles of free speech and free expression. This is a sort of government-enacted censorship, conducted without any input from a legislative body. 

"I am signing an executive order that says very clearly we are against the BDS movement," Cuomo wrote on Twitter. "If you boycott Israel, New York will boycott you." 

BDS refers to the movement to "boycott, divest from, and sanction" the state of Israel for its alleged mistreatment of the Palestinians. Anti-Israel activists want both private firms and the government to refuse to do business with Israel, or profit from institutions that do. The movement has strength on college campuses, where it continuously puts pressure on university administrations to take a stand against Israel. 

This displeases the governor of New York. 

"This BDS movement is an economic attack and generating a corporate enemy to Israel," he said. "We cannot allow that to happen." 

He made the announcement during a speech to Jewish leaders on Sunday. According to The New York Times, it empowers the government to compile a list of firms that support BDS. State agencies will be prohibited from doing business with any company on the list. 

According to the executive order, Mr. Cuomo will command the commissioner of the Office of General Services to devise a list over the next six months of businesses and groups engaged in any "boycott, divestment or sanctions activity targeting Israel, either directly or through a parent or subsidiary." 

The list will be compiled from "credible information available to the public," according to the order, and subject to appeal by the companies and entities included on it. Once the designation process is completed, however, all executive-branch agencies and departments — which make up a large portion of state government — as well as public boards, authorities, commissions and all public-benefit corporations will be required to divest themselves of any company on the list. 

Cuomo did not bother asking the legislature to approve this scheme. Passing legislation "can often be a tedious affair," he remarked. Ah, the democratic law-making process: so inconvenient for autocrats. 

And make no mistake: this is a brazenly autocratic move on Cuomo's part. Unilaterally deciding that private businesses will be punished for failing to hold political opinions deemed favorable by the government is wholly illiberal. Companies should be able to engage in political activity—to support, or decline to support, various movements—without fearing retaliation from the government. 

Supporters of the order will point out that it only applies to dealings between private businesses and the government—it doesn't prohibit BDS-supportive companies from doing business with non-state agencies. It's true that the government's dealings are, in some sense, everyone's concern—our taxes fund them—and citizens deserve a say in how their tax dollars are spent. If they really want to de-legitimize the BDS movement via government means, they should petition their legislators to consider the matter. But Cuomo's executive order, which was enacted without any legislative oversight, or direction from the citizens, is pure McCarthyism. 

Lastly, I'll note that several left-leaning critics of the executive order questioned whether any so-called free speech absolutists would condemn Cuomo.  

"Western governments are literally outlawing BDS activism with little objection from newfound free speech crusaders," wrote Glenn Greenwald. 

Greenwald (and others) believe "free speech crusaders" turn a blind eye to censorship when the allies of Israel are the censors. I'm sure this is true in some cases—I'm willing to believe that conservative anti-censorship folks, in particular, overlook such things because they are partial to Israel.

In any case, let it not be said that this free speech crusader was silent. Everyone should condemn Cuomo's authoritarian streak, because government-enacted suppression of political speech is the most dangerous kind of censorship.

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156 responses to “Andrew Cuomo’s Executive Order on Israel Boycott Is Brazenly Autocratic

  1. I’m glad to see that Cuomo finally decided that it’s wrong to boycott a political entity for bullshit reasons.

    1. Israel is America’s greatest ally. What the fuck has North Carolina ever done for anyone?

      1. Hey ,there’s Awful Arthur’s and The Black Pelican in the Outer Banks.In early fall there’s no place better.

        1. But can I use the bathroom there. And feel safe.

          1. By all means keep assuring yourself that this is a minor dispute about how state and local governments should run their bathrooms.

            It’s also about forcing private businesses to adapt their hiring practices and choice of customers to the dictates of political correctness.

          2. You too good to go in the ocean or sound?

            1. Paul just wants to be sure that the penis worming through the glory hole at him is god-given and not some surgical abomination.

              1. If I can’t see the scars, I’m good.

                1. Hide your STD scars like the Hollywood stars!

              2. A penis that is “worming” its way through doesn’t sound like its all that glad to find Paul on the other side.

          3. Why wouldn’t you feel safe using the bathroom?

            Were you planning to use the girls shower in a high school?

            1. When i was in high school, yes. Weren’t most straight males at that age?

              1. Weren’t most straight males at that age?

                And why does your question not reflect that your school might have had gay males or trans males, hmmm?? /files lawsuit

              2. Weren’t most straight males at that age?

                And why does your question not reflect that your school might have had gay males or trans males, hmmm?? /files lawsuit

                1. And why does my question not reflect that your school might have had squirrels?? /files countersuit

                2. Sqvirrelz or double jeopardy?

      2. What has Israel ever done for us?

        1. Besides sanitation and medicine and education and irrigation and public health and roads and a freshwater system and baths and public order?

          1. Israel’s to blame for all that, huh? I KNEW THEY WERE BASTARDS.

          2. Damn, and all this time I’ve been paying my own government, insurance and local utilities for those services. Silly me!

            1. You see, your remark sounded so much like the set-up for a Monty Python joke, that I…oh, never mind.

              1. WOOOOOoOooooSH!

    2. Glenn Greenwald ?@ggreenwald 4h4 hours ago

      The same Democrats who cheered a boycott of North Carolina want to abuse state power to outlaw a boycott of Israel. It’s disgusting.

      Probably a more apropos quote, but Robby thought the “WHEREFORE MILO, HUH?!” was the better comment to highlight.

      Even though the “whataboutism” of ‘where are all the ‘so-called’ free-speech advocates now, huh!?’ reminds me of the same bullshit criticism of Salon, WaPo, et al in the wake of Ferguson, who used the event to attempt to tar Libertarians like Rand Paul for “remaining silent“.

      The shooting death by police of Ferguson, MO teenager Michael Brown, and what has happened in the aftermath, has been blanketing the news for the past few days. It’s a story about race, but it’s also become a story about the power of the state and how it’s wielded, and against whom.

      So my question is this: Where are the libertarians?

      1. whataboutism

        I’m sure you’re aware of this, but in case not, here you go.

        1. I assume you’re talking about every time a writer on Reason points out a flaw of Trump’s and the commenters immediately ask “WHAT ABOUT HILLIARY???”

          1. But the real question is: What About Bob?

          2. the commenters immediately ask “WHAT ABOUT HILLIARY???”

            Was the answer to that ever in doubt?

            1. Steve Chapman wants to make one thing clear: If he had only these two choices of whom to be in charge of U.S. foreign policy for the next four years?or five minutes?he would pick Clinton in a heartbeat.

              Does Steve Chapman speak for all of Reason? Just curious.

              1. And besides, it’s still the tu quoque nonsense. Here’s the problem (as Warty’s link explains better than I can):

                Reason article: Trump said/did _____ terrible thing.

                Reason commenter: BUT HILLIARY IS WORSE!

                Me: Maybe, but that’s got nothing to do with the topic at hand. This article is about Trump doing/saying _____. Hillary indeed sucks, but do you have anything to say about Trump being a fucking clown?

                Reason commenter: FUCK YOU, PROGTARD! YOU MUST BE FOR HILLIARY!

              2. I don’t know; is your generalization about “All reason commenters” supposed to be taken at face value?

                I was making a point about Robby passing on a stupid accusation for which there’s no evidence ….

                (*”yet” – like my example of progressives using Ferguson to attack Libertarians, they make their accusations well before ever asking their targets what they think, or looking for what they might have said in the past on the topic)

                ….rather than highlighting the better example of *open hypocrisy* for which there is ample evidence = e.g. this same Gov boycotts the entire state of NC for ‘stuff he doesn’t like’, but punishes others who merely advocate similar policies vis a vis Israel)

                I don’t see the relevance of Trump other than for cliche posturing about “how gauche the Yokels are”

                1. Well, I was responding to Warty, because his link immediately reminded me of the asinine discussions around here about Trump. Wasn’t really about you, but then you replied. I was never trying to argue with you.

                  Also, you put quotes around “all,” which I never said. Obviously it’s a fairly small subset. I just didn’t want to name names (they know who they are).

                  1. I guess what I’m saying is that I recognize that my response was off-topic, but I plan to use that link in every Donny Trump article that has the usual dopes whining about the lack of Hillary articles.

                  2. ^Self-aware yokels FTW!

        2. Yes.

          Is there a better term for using the opportunity of Cuomo’s speech-repressing to try and tar free-speech advocates as “inconsistent/hypocrites”?

          Besides merely ‘gross’?

          1. I can’t think of a better one, either. I just wanted to point out the term’s excellent Wikipedia entry.

  2. “If you boycott Israel, New York will boycott you.”

    And NY will in turn be boycotted.

    1. Why anyone goes to NY for any reason is beyond me.

      1. Sometimes I have to go on business…

      2. We’re getting a Legoland, so that is a reason. The ball is in your court, smart guy.

        1. There’s a Legoland in Florida… I’d rather be in Florida.

          1. Oh. Uhh…the Finger Lakes are nice. Ha! Lakes.

            1. Florida has over 30,000 lakes.

              1. Uh, I think you meant to type ‘snakes’

                1. Florida has more than 30k snakes, cmon. I’m pretty sure I saw a Welcome to Florida sign once that explicitly guaranteed a minimum of 5 snakes per capita.

  3. Lamenting that the legislative process is too “tedious,” New York Gov. Andrew Cuomo issued an executive order Sunday that will punish private firms for engaging in anti-Israel activism.

    You know who else bypassed parliament because it was “too tedious”?

    1. Not Hitler, the legislature gave him an Enabling Act.

      1. wouldn’t in action on the part of a legislative body be the same as a Enabling Act. The results are the same so you know.

    2. People who smoked other brands?

      1. Forget my joke I’ll steal yours.

      2. This is why I read old threads.

    3. I enjoyed Gloryhallastoopid but never got into their other stuff.

  4. It’s an outrageous move for the Democratic governor, and runs counter to the principles of free speech and free expression.

    The words in this sentence, when put together, are curious to me.

    1. Well, I think he meant “Democrat”, but that’s also extraneous to the sentence. Try it without, I think it reads fine then:

      It’s an outrageous move for the governor, and runs counter to the principles of free speech and free expression.

      1. even better:

        It’s an outrageous move for the governor as it runs counter to the principles of free speech and free expression enshrined in the United States Constitution which the States are also bound respect in the same document.

        No, sorry, too long now. At least I’m trying.

        1. It’s a typical move for the Democratic governor, and runs in parallel to his personal principlesals of free speech and free expression.

          A lot better in my opinion.

  5. Shitty people backing terrorists have autocratic politics used against them.

    Verdict: No one to root for.

    1. There’s the Mets and the Yankees!

      1. I KNEW both thems was terristsss!

    2. I’m used to it at this point.

  6. OT: Seattle Times so desperate to signal their opposition to the patriarchy, print front page correction to 65 yr old headline.

    1. I don’t even get this:

      The headline was, “One girl in air engineers graduates with 174 men.”

      You can pretty well guess what’s gnawed at Armstrong for more than six decades during her accomplished career in aeronautical engineering with Boeing.

      WTF? I’m failing to find anything offensive there. This is something they think a person would obsess over for 60 years? These people have severe brain damage.

      1. They should have said womxn.

        1. It seems like they’re trying to say ‘at one time, 65 years ago, not everyone in Seattle’s media were retarded, but we just want to make sure everyone knows that now, we are totally retarded right along with the rest’.

      2. I’m offended as an engineer that they used inconsistent terminology. Use “boys and girls” or “men and women” if you’re discussing people of the same age.

        But that’s just me being jokingly anal. Them being unable to word a headline consistently is not sexist.

        1. Them being unable to word a headline consistently is not sexist.

          Unless a woman wrote it, in which case you’re sexist for finding it inconsistent.

          1. ^Off to the Gulag with you, Glide! That will show you!

    2. Well, back then, IIRC, 21 was the age of majority, so a 21 female person should have been described as a woman.

      Nowadays they could call anyone under 26 a “boy” or a “girl.”

      1. Or “other.” Or “both.”

        1. Or ‘gril.’

    3. “It wasn’t Armstrong who contacted this paper about that 1951 story. It was one of her grandsons, Ryan Anderson, 21. “She’s my biggest hero,” he says. Anderson is graduating from Central Washington University with a degree in musical theater.”

      Clearly the cuck has learned the wrong lessons. Musical Theater?….give me a fucking break.

      1. Well, if we want to talk about offensive things, I’m offended that our tax dollars are being used to fund a university degree program in musical theater.

  7. Way to give the Hamas-fuckers a legitimate complaint. Idiots.

    1. Makes me think… this is why libertarian principles never seem to get traction. Stuff like this just results in more power grabs and “us” vs. “them” bullshit. Very few people think: “Fuck both of them.” They feel obliged to pick a side. Pretty soon the tide will turn, and instead of more liberty for everyone involved, it’ll become a crime to criticize the BDS movement. Both sides just want to fuck the other side over.

  8. But Cuomo’s executive order, which was enacted without any legislative oversight, or direction from the citizens, is pure McCarthyism.

    It may be a lousy move. But, I think McCarthyism is a pretty poor choice of words. If you think the biggest problem with McCarthyism was that it didn’t have legislative oversight or democratic direction, you probably need to look over your history books.

    1. Exactly, he was a U.S. Senator who, up to 1954, had a good deal of influence.

      He was chair of the Subcommittee on Investigations of the Government Operations Committee – that is, he was specifically responsible for legislative oversight of the activities of the executive branch.

      1. But to say the phrase FEELZ sooo good!

  9. Unilaterally deciding that private businesses will be punished for failing to hold political opinions deemed favorable by the government is wholly illiberal.

    Enough with the value judgments!

    1. England not windy enough, admits wind industry chief

      So they wasted lots of tax payer money and built all these things without making that assessment to begin with? Only governments do things this stupid and wasteful, a private company would never make such a retarded mistake.

      1. Government is just the things we choose to do together, poorly.

        1. If by that you mean government does things we don’t want, but spends our money anyway, I agree.

        2. unless its ‘too tedious’ to allow us to choose.

      2. Government: Let’s build windmills!

        Engineer: There’s no wind.

        Government: Let’s build solar panels!

        Engineer: There’s no sun.

        Government: Who cares, it’s not our money!

      3. a private company would never make such a retarded mistake

        Actually, they might, but then the only people losing money would be shareholders who didn’t conduct due diligence. When the government does something stupid, the only people who don’t pay are the idiots who had the idea.

      4. Unless they were getting a government subsidy

    2. The obvious answer is to spend lots of taxpayer money to build fans that will create the wind that will power the windmills. Problem solved.

      1. Red Green already tried that at Possum Lake. They burned out most of the car batteries, I think.

  10. Under existing Federal law, conduct that may be severely penalized under the Tax Reform Act (1976) and/or prohibited under the Export Administration Act (1977) includes:

    Agreements to refuse or actual refusal to do business with or in Israel or with blacklisted companies.
    Agreements to discriminate or actual discrimination against other persons based on race, religion, sex, national origin or nationality.
    Agreements to furnish or actual furnishing of information about business relationships with or in Israel or with blacklisted companies.
    Agreements to furnish or actual furnishing of information about the race, religion, sex, or national origin of another person.
    Implementing letters of credit containing prohibited boycott terms or conditions.

    Individuals and organizations have a natural right to full freedom of association, so I think these provisions are tyrannical and unconstitutional. However, New York is just complying with the spirit of Federal law. Entities that engage in BDS should be subject to severe tax penalties under the 1976 TRA.

    1. That law doesn’t mean you can’t refuse to do business with Israel. It means you can’t agree to refuse to do business with Israel. That is different. The act is called the “Export Administration Act”. What is happening here is the US is making sure foreign governments don’t extort refusal to do business with Israel as a condition of doing business in their country. We can’t legally prohibit countries from trying to do that of course. What we can do and have done with this law is make it illegal for any US company to make such an agreement, thus making any attempt to require US companies boycott Israel come at the cost of not doing any business with US companies.

  11. Know what Cuomo rhymes with?

    …….

    Duomo!

  12. But he is still better than Trump?

    1. No one is better than Trump

      – John

      1. Don’t let the fact that I have never said anything of the sort or offered anything more than qualified and circumspect support for Trump stop you from listening to the voices in your head.

        1. It was a joke. Relax.

          1. My apologies.

            1. No need.

              1. I mean it. I hate it when I don’t get a joke and am nasty. I should have seen that that one was.

                1. ^FRaNZZZ! 🙂

  13. I don’t see how you can say it is okay for the government to deprive people of the chance to do business with it because they express a political view the government doesn’t like. That is really all that is going on here. I don’t like the BDS idiots anymore than Cuomo. But tough shit for both of us. Part of living in a free society is allowing idiots to be idiots. If Cuomo can do this, then any state government anywhere can refuse to do business with anyone who expresses an unpopular opinion. I wouldn’t like that very much and I doubt many other people if they thought about it would either.

    1. I would assume that most of this is political rather than principle, right (yeah, I know, duh right)? I’m guessing the Jewish vote is a tad more important than the BDS vote (also assuming that most NY Jews would oppose BDS).

      1. Of course it is. That is why they boycott North Carolina over the tranny issue but then refuse to do business with businesses who support BDS. The whole thing boils down to the simple proposition that the state will only do business with people who hold political views it finds acceptable. How anyone who values free expression could like that idea is beyond me.

        1. I don’t see how it’s legal. Isn’t this what the commerce clause was really about? Free trade among the states.

          1. That and the first amendment. The ability to bid on government contracts is a benefit. The government can not deprive someone of government benefits because they have exercised a fundamental right.

          2. WAS, being the operative word. Now it is about providing bogus justification for negating any constitutional limits on government.

    2. It will become another entry in the standard reps and certs.

      Section 346, Subsection XJ: The supplier certifies that it is totally down with Israel and has got his achi’s back.

    3. this may end up in court, hopefully, and then determined illegal thus all other similar laws by the state will be turned over. Like California refusing to work with states that don’t comply with gender bs laws

    4. Expressing a view is speech. Discriminating on the basis of national origin is not.

  14. Albuquerque city council approved a plan to run dedicated lanes for rapid transit buses along the iconic Central Avenue (Route 66). The street already has a tendency to be heavily congested: it’s a cultural destination for the city as well as fronting the university, and has a ton of quirky little shops and restaurants up and down the main drag. The plan will bust up the median and reduce driving traffic to one lane for each direction, as well as widening sidewalks and making left-hand turns impossible except at major intersections. They broke ground near my house, closing off the eastbound lane, and traffic already routinely backs up several blocks. You can sit through several lights before getting through the intersection. When they make getting off Central impossible except for taking a right turn, it’s going to get stupidly congested. Not to mention getting across to businesses on the other side of the street. I used to take the bus line down that very street every day to get to work; the morning and evening crowds were predictably heavy, but any time in the midday or late at night it’s transients, drunks, and occasional students. So the thing is only useful for all of four hours a day. Unbelievably stupid.

    Nine hundred million dollars well spent, I’m sure.

    1. Oops, I misread. The cost is only (“only”) ~$100M, 80% of that coming from federal funds. Thanks, guys!

      $900M is cited as the economic prosperity resulting from the project. WTF? That’s a serious multiplier! And how does one generate additional spending by making the area more difficult to navigate, unless you’re a vagrant?

      1. A better plan would have been one unidirectional lane that widens at certain stops so that two buses can pass, spots with minimal north-south traffic. That way you preserve driving and turning lanes for car commuters. But I don’t suppose we can put enough faith in the government employees driving the buses, who aren’t much cleverer than the dolts who drafted this plan.

        1. Oh, and you know what’s helpful for maintaining a consistent flow of traffic? A fast lane that merges into the turning lane every four blocks to accommodate middle-of-the-street bus stations.

        2. Or they could just declare the outer lanes bus-only during certain hours. That’s all we get here in NYC – and we actually have non-vagrant bus riders.

      2. Even vagrants would not benefit – less people to beg money from.

  15. “This is a sort of government-enacted censorship, conducted without any input from a legislative body.”

    Could have left the word “sort” out of this sentence.

    1. That and I don’t know about Robby but if this had been done with the approval of the legislative body, I wouldn’t dislike it any less than I do. There is no defending this.

  16. This was Cuomo over two years ago. Can’t say we weren’t warned:

    “Who are they?” asked Mr. Cuomo, speaking of potential Republican candidates. “Are they these extreme conservatives, who are right-to-life, pro-assault weapon, antigay, is that who they are? Because if that is who they are, and if they are the extreme conservatives, they have no place in the state of New York. Because that is not who New Yorkers are.”

    1. To be fair, he was leading the Two Minutes Hate at the time.

      1. ^Big Brother approves…

  17. Every time I see this guy, only one word comes to mind, ‘mafia’.

  18. Alice More: Arrest him!
    More: Why, what has he done?
    Margaret More: He’s bad!
    More: There is no law against that.
    Will Roper: There is! God’s law!
    More: Then God can arrest him.
    Alice: While you talk, he’s gone!
    More: And go he should, if he was the Devil himself, until he broke the law!
    Roper: So now you’d give the Devil benefit of law!
    More: Yes. What would you do? Cut a great road through the law to get after the Devil?
    Roper: I’d cut down every law in England to do that!
    More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast? man’s laws, not God’s? and if you cut them down?and you’re just the man to do it?do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law for my own safety’s sake.

  19. Imagine all of the tyranny an enterprising governor or President could engage in under this precedent. You don’t like guns? Great, the state will no longer do business with any company that doesn’t require its employees to agree not to own a gun as a condition of employment. You don’t like the transgendered? The state will no longer do business with any company that doesn’t provide seperate bathrooms and locker rooms based on biological sex.

    The possibilities are endless.

    1. “The possibilities are endless”

      That is why they like it so much. I am still waiting to see how much shit they can squeeze out of Obumblecare.

  20. It seems to me that this horse left the barn a long time ago with the 1964 CRA. People are either for or against punishing private sector discrimination depending on whose ox is getting gored.

    1. Yes, but suggesting that this power is being misused is obviously racist.

      1. And bigoted against the transgendered. You forgot to mention that you big bigot.

  21. Andrew Cuomo is a tyrant?

    This guy?

    http://www.washingtontimes.com…..place-new/

    Say it isnt so!

    1. Cuomo: Pro-life, pro-gun conservatives ‘have no place’ in New York

      Well, let them have a place in “West New York”, Andy.

      Just issue an executive order to that effect and get on with your tyranting among the people who appreciate you.

  22. Angle: Coumo is right now under investigation by Preet (or a bunch of people close to him are) and this keeps that stuff off the newspaper pages.

    Plus, if he is indicted, now he won’t have any problem getting a good lawyer…

    1. As I recall when Bloomburg was getting so much attention for banning salt/sugar/fats NYC had a horrible problem with rats and lice and some other legitimate problem that I forget.

      1. Bed bugs and as always rats. Rats on the West Side, bed bugs uptown is not just a song lyric.

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  24. the BDS movement is stupid but thats their choice but is what Cumo doing even legal? denying bussiness with a business because you don’t like their opinion.

  25. RE: Andrew Cuomo’s Executive Order on Israel Boycott Is Brazenly Autocratic
    Governor says the legislative process is “a tedious affair.”

    Of course the legislative process is a tedious affair.
    That’s why dictators eliminate legislatures.
    It eliminates a lot of time wasted.

  26. Cuomo is just making people hate Israel.

  27. This just in:

    Robby Soave definitively describes both the pot and kettle as achromatic.

    Strong words from Robby Soave.

    1. *stands and applauds!

  28. Our Autocrats are so impatient.

  29. It figures that the antisemitic libertarians would decry any steps to oppose their antisemitism. Libertarians are rhomite perverts — especially that guy who stripped at the Libertarian convention. Rav. Kahane, zt”L said it best when he called for Israel to quietly eliminate antisemites.

  30. You have a disturbing understanding of the definition of speech. No one is talking about political view. Companies can say whatever they want. The governor is saying that the state will not do business with companies that discriminate based on national origin.

    1. That’s what I was thinking. Big issue is that this was do e without the legislative branch in NY. Deciding things like this is THEIR job not Cuomos. The legislature can and does set parameters for who gets state contracts and funding.

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  37. It strikes me that while the legislative process might be “tedious”, Cuomo and others of his ilk are very much worse.

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