danb
dont be a dumbass
NYC change of regulations are unlikely to moot the case, but IMO NY State changing the actual law is likely to moot the case.
Supreme Court Takes Major NRA Second Amendment Case from New York
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I take it that the plan to moot the case is to pass this statewide and in effect give up NYCs home rule on this subject. So, in effect, NYC no longer has the power to repeat the unconstitutional actions?
danb
dont be a dumbass
Oct argument calendar was released, NYSRPA was not on it. Earliest now they would hear this case is Nov.
I wonder if they are going to deny cert and or might write a Per Curium on it? If they deny cert and moot the case then I wonder what other 2A case they might take up then?
They already granted cert and requested briefings, IIRC. I thought we are just awaiting the Court to actually schedule oral arguments.
Take a look at case number 18-280 on the list for Oct ... Here is the link...https://www.supremecourt.gov/grantednotedlist/19grantednotedlist
[FONT="]18-280 CFX NY STATE RIFLE & PISTOL V. NEW YORK, NY[/FONT]
[FONT="] Court: USCA-2 Granted: 1/22/19[/FONT]
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[/FONT]
[FONT="]18-280 CFX NY STATE RIFLE & PISTOL V. NEW YORK, NY[/FONT]
[FONT="] Court: USCA-2 Granted: 1/22/19[/FONT]
[FONT="]
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danb
dont be a dumbass
Right, they already granted. No argument date set yet. NYC briefs are due 8/5. the new NYC regulation goes live July 21. Not sure when the NY State law goes into effect**. Either way I expect the 8/5 brief submitted by NYC to argue mootness. I doubt they will argue "in the alternate its constitutional" because that would cut against them badly for mootness. Their best argument is "State law changed and mooted the case"... if state law changes by 8/5 that is what I expect to see.
The next time the Justices meet for conference is end of Sept. So I expect that point they will either a-vacate the lower court decision and dismiss for mootness or b- schedule the case for oral arguments (maybe in Nov). Given the likely state law change I think a- is most likely. And possibly also c- grant some of the other 2A cases being held.
** the version online says "immediately" so as soon as the governor signs the bill. Its passed both chambers, so it only needs to be delivered. Like the SAFE act in 2013, if they want it quickly, they can deliver in the dead of night as needed anything that they want "immediately".
It looks to me like Scotus is allowing extra time for N.Y. to moot the case. There are cases granted cert 3 months after NYSRPA which will be heard in October.
I believe the CA roster case Pena may be the case Scotus takes in NYSRPAs place. My thinking is that law going down isn't going to create waves and the 4 strong votes for cert (Thomas, Alito, Kavanaugh, and Gorsuch) will go out on a limb and believe that Roberts would go along. There's also a risk that Cal does an about face and drops the roster.
Now I'm pretty sure though that if Scotus takes a public carry case then it's not going to get mooted one way or the other.
Kharn
Ultimate Member
Isn't it because the parties agreed to NYC submitting their brief in August (four months?), vs the normal 60 days after NYSRPA?
Did they? Maybe I missed that. It might explain the delay.
In any event I think this case may be essentially over with, and all because we didn't ask for fees and damages
krucam
Ultimate Member
The dates were set back in February:
danb
dont be a dumbass
Did they? Maybe I missed that. It might explain the delay.
In any event I think this case may be essentially over with, and all because we didn't ask for fees and damages
Hindsight is always 20/20. Who here even predicted SCOTUS would take this case?
A win is still a win, and NY conceding is a win. It signals that they were going to lose badly and they know it. It will give the 5 justices that voted for cert confidence to vote for cert again in any of the other cases being held.
Progress is usually built on small victories.
The problem with this is that states will continue with their onerous gun control laws wasting time and taxpayer dollars.
They know they can just change the law enough to get away from a smack down ruling by the SCOTUS. (Which I’m not too optimistic about)
SCOTUS needs to still hear the case and smack them right in the junk.
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danb
dont be a dumbass
And? How is the fact that States will have to roll back laws one way or the other a bad thing?
In fact, I would say that States voluntarily recognizing how badly they're going to lose, and rolling back laws accordingly, is how it should be done. I would be perfectly fine if California suddenly decided to stop enforcing the handgun roster, because they recognize they are going to lose badly.
It’s not a bad thing, it’s just the amount of time and money it takes for them to be told they can’t do something instead of just not doing it in the first place. How many States shit all over Heller instead of abiding by the ruling.
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krucam
Ultimate Member
I continue to believe that Pena will be the backup case that gets picked up if NYSRPA gets mooted...
My wish as well...tempus fugit!
DanGuy48
Ultimate Member
X2
H/T to David Hardy at Of Arms & the Law
NYC letter to Court
https://www.supremecourt.gov/Docket...20190703170251906_Letter to Supreme Court.pdf
NYC letter to Court
https://www.supremecourt.gov/Docket...20190703170251906_Letter to Supreme Court.pdf
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