krucam
Ultimate Member
Paul Clement and NYSRPA respond to mootness letter...
http://www.supremecourt.gov/DocketP...151746089_2019-7-8 NYSRPA response letter.pdf
http://www.supremecourt.gov/DocketP...151746089_2019-7-8 NYSRPA response letter.pdf
Sounds like SCOTUS means to take this case.
It sounds like SCOTUS is rejecting both responses because they do not meet the requirements of SCOTUS rules. The motion to dismiss requires a formal motion (ie brief) and not a letter.
While the Legislature is in session, the Governor has 10 days (not counting Sundays) to sign or veto bills passed by both houses. Signed bills become law; vetoed bills do not. However, the Governor's failure to sign or veto a bill within the 10-day period means that it becomes law automatically.
If a bill is sent to the Governor when the Legislature is out of session, the rules are a bit different. At such times, the Governor has 30 days in which to make a decision, and failure to act ("pocket veto") has the same effect as a veto.
Its tempting to conclude that, however, I see a many dozens of bills passed June 17th, 18th, 19th, and 20th in the same status (https://www.nysenate.gov/legislation, status as passed both house and senate but not delivered for signature). Not sure the process in NY, but in MD they have 30 days to deliver the bill for signature (and usually take all the time they have) and then gov has another 20 to sign or veto. Bills may automatically become law without a signature in NY after the consideration period (again, not sure of exact process). Regardless of the details, the legislative process usually takes some time to get a .gov signature. I doubt even NY would risk SCOTUS wrath by playing games - especially when there are other cases in the pipeline.
You're probably right but it's just a head scratcher why they would bother sending these letters to Scotus when nothing is yet even official
The reply brief is still now due Aug 5th. We can all guess the the brief won't discuss the Merits, just the dismissed Mootness docs that were rejected. Believe Clarence Thomas is the biggest advocate of NYSRPA being accepted AND is already discussing this with other Justices on how to address this already accepted case.
Good question as to why it was rejected.
A few possibilities-
It doesn't meet Scotus requirements for filings
It's meaningless since the law hasn't changed (come back when it does IOW)
We're hearing the case whether you want it or not!
It's a risky strategy. They still have to address merits, in case the Supreme court decides it's not moot. The case is moot when SCOTUS says it is, not when NYC decides it is.
Which means that if they get 15000 words, they spend 7500 on mootness and 7500 on merits- addressing neither one well. Or 0 words on merits- and 15000 on mootness, and SCOTUS decides it's not moot. And boom! They lose merits.
I
Delay is victory for the anti crowd.
The law is and has been messed up and people have paid the price.
Does anyone track how many people are in jail or turned into felons over these laws? I realize that firearms charges are a favorite chip to be dropped in the plea bargain process.
The anti’s are great at finding victims. The Freedom Club needs to get better at it too.