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Old May 8th, 2019, 01:25 PM #251
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Originally Posted by Assists21 View Post
Question for those who better understand the process...letís say at the end of the day all that is granted cert is the NYSRPA case, and they rule in favor of NYSRPA with the guidelines of strict scrutiny. How does this affect MD? Will the lower courts be required to revisit prior decisions (Kolbe, Woolard, etc.) or are those cases finished and new cases need to be brought before the court?


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That's a good question IF Scotus happens to deny cert to the 2nd, 3rd, and 4th circuit carry cases but still hears NYSRPA.
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Old May 8th, 2019, 01:51 PM #252
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That's a good question IF Scotus happens to deny cert to the 2nd, 3rd, and 4th circuit carry cases but still hears NYSRPA.
Another reason to grant Rogers...in addition to the possibility of NYSRPA getting mooted...
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Old May 8th, 2019, 02:46 PM #253
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I am pretty skeptical at this point that NYSRPA will be mooted. Everything I've read says a) the burden of proof would be on NYC; b)its very hard for a government agency or municipality to get a case mooted while at the same time claiming legality of what they were doing (which is what NYC is doing here); c)Supreme Court will look at the totality of the circumstances.

Based on everything I've read, NYC would basically have to stipulate that the prior conduct was unconstitutional, which they are not doing. Clement smartly alluded to this in his brief. Based on some precedents I've read Supreme Court could (and likely would) vacate the lower appeals court ruling. Maybe there is a bona fide question of mootness doctrine, the Supreme Court could remand with instructions for the 2nd to consider whether the case is really moot. NYC could take its stipulation, change of regulation, and mootness argument to the lower court which will suddenly make the 2nd feel justifiably burned by NYC. "So yeah now you change your mind ..."

Either way, the point will have been made and message will be received by the 2nd, and this will impact other cases. I have no doubt other cases will be granted so I am not worried about this one.

In all honestly, I am somewhat attracted to the idea of NYC going back to plead its case and tell the now-pissed-off 2nd they had a "real" change of heart and were wrong all those other times, so the case is moot.

Personally I think NYC made a dumb move here in its arrogance: cases will be granted either way. Now they damaged their own credibility with the courts.
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Old May 8th, 2019, 07:12 PM #254
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How has NYC worded the comment period announcement?

Typically when you do something like this, you tell everyone why you're looking at making changes.

They have 2 options as I see it-admit that the law is unconstitutional or tell everyone that they don't want SCOTUS to review the case.
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Old May 8th, 2019, 08:30 PM #255
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How has NYC worded the comment period announcement?

Typically when you do something like this, you tell everyone why you're looking at making changes.

They have 2 options as I see it-admit that the law is unconstitutional or tell everyone that they don't want SCOTUS to review the case.
Posted in the other thread.

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NYCís Public comment period for proposed changes to the Transport Law...yeah, they WILL CERTAINLY continue in their attempt to moot the case...

https://rules.cityofnewyork.us/conte...-license-rules
They went with door #2, tell everyone they dont want SCOTUS review.
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Old May 9th, 2019, 08:32 PM #256
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Posted in the other thread.



They went with door #2, tell everyone they dont want SCOTUS review.
Indeed they did. That alone should ensure they cannot moot this case.
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Old May 21st, 2019, 01:46 PM #257
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The waiting is the hardest part.

T-7 days.
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Old May 21st, 2019, 04:07 PM #258
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Conference on 6/6, what happens in 7 days?
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Old May 21st, 2019, 04:10 PM #259
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Conference on 6/6, what happens in 7 days?
The conference for the other NY case, NYC transportation?
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Old May 21st, 2019, 04:28 PM #260
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The NJ (Rogers v Grewal) conference happens on 5/23, but we find out the result (order list) on the following tuesday (due to Memorial day). Between 5/24 and when the order list is released we are in a kind of Schroedingers cat situation.
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