voyager9 3,434 Posted June 2, 2019 1 hour ago, Zeke said: Apparently there is precedent with this kind of situation with SCOTUS I’ve read. I jus don’t feel like looking it up. https://www.supremecourt.gov/opinions/11pdf/10-1121c4d6.pdf Quote Held: 1. This case is not moot. Although the SEIU offered a full refund to all class members after certiorari was granted, a live controversy re- mains. The voluntary cessation of challenged conduct does not ordi- narily render a case moot because that conduct could be resumed as soon as the case is dismissed. 1 Quote Share this post Link to post Share on other sites
Zeke 5,504 Posted June 2, 2019 1 hour ago, voyager9 said: https://www.supremecourt.gov/opinions/11pdf/10-1121c4d6.pdf Thanks cellar dweller Quote Share this post Link to post Share on other sites
BobA 1,235 Posted June 2, 2019 They told them they would do it and then don’t it would back fire on them. The appearance of that wouldn’t look good. Quote Share this post Link to post Share on other sites
drjjpdc 39 Posted June 7, 2019 The legal team for NYC already tried to ask SCOTUS that they are changing the law and to postpone the conferences/hearing and SCOTUS said no way, Here is the request NYC made on April 23 and it was denied by the Court on April 29. https://www.supremecourt.gov/DocketPDF/18/18-280/97431/20190423180458659_NYSRPA v CNY Letter to Supreme Court.pdf Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted June 8, 2019 1 hour ago, drjjpdc said: The legal team for NYC already tried to ask SCOTUS that they are changing the law and to postpone the conferences/hearing and SCOTUS said no way, Here is the request NYC made on April 23 and it was denied by the Court on April 29. https://www.supremecourt.gov/DocketPDF/18/18-280/97431/20190423180458659_NYSRPA v CNY Letter to Supreme Court.pdf That request was “we may change the policy, please delay”... I believe now it would be “we DID change the policy, please drop the case” Quote Share this post Link to post Share on other sites
BobA 1,235 Posted June 8, 2019 3 minutes ago, voyager9 said: That request was “we may change the policy, please delay”... I believe now it would be “we DID change the policy, please drop the case” That would almost be begging. Quote Share this post Link to post Share on other sites
supranatural 66 Posted June 8, 2019 33 minutes ago, voyager9 said: That request was “we may change the policy, please delay”... I believe now it would be “we DID change the policy, please drop the case” I'm pretty sure that won't fly with the court. It's believed that SCOTUS took this case not as a case to strictly defend NYC gun owners' right to transport outside of the home to other than the seven ranges but instead to set precedent for strict scrutiny for 2A laws. They know that if NYC changes the law there's nothing to stop them from changing it back after the case is dropped from the docket. The only way to keep NYC from gaming the judicial system is to set precedent via strict scrutiny. That's why the already told NYC that they weren't going to delay the case... 1 Quote Share this post Link to post Share on other sites
CAL. .30 M1 2,101 Posted June 8, 2019 8 hours ago, supranatural said: I'm pretty sure that won't fly with the court. It's believed that SCOTUS took this case not as a case to strictly defend NYC gun owners' right to transport outside of the home to other than the seven ranges but instead to set precedent for strict scrutiny for 2A laws. They know that if NYC changes the law there's nothing to stop them from changing it back after the case is dropped from the docket. The only way to keep NYC from gaming the judicial system is to set precedent via strict scrutiny. That's why the already told NYC that they weren't going to delay the case... And when strict scrutiny is applied? Then...... 1 Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted June 8, 2019 9 hours ago, supranatural said: I'm pretty sure that won't fly with the court. It's believed that SCOTUS took this case not as a case to strictly defend NYC gun owners' right to transport outside of the home to other than the seven ranges but instead to set precedent for strict scrutiny for 2A laws. They know that if NYC changes the law there's nothing to stop them from changing it back after the case is dropped from the docket. The only way to keep NYC from gaming the judicial system is to set precedent via strict scrutiny. That's why the already told NYC that they weren't going to delay the case... I agree, and hope you’re right. I’m just pointing out that NYC’s argument is different. There is a difference between “the case might be moot, soon” and “the case is now moot”. The court may give the later more thought. Quote Share this post Link to post Share on other sites
supranatural 66 Posted June 8, 2019 1 hour ago, voyager9 said: I agree, and hope you’re right. I’m just pointing out that NYC’s argument is different. There is a difference between “the case might be moot, soon” and “the case is now moot”. The court may give the later more thought. Of course there's always the possibility that could happen. I'm just of the opinion that with a conservative majority on the court that they took this case for a specific reason... To add to the Heller ruling and prevent lower courts from subverting that case over and over again. The justices are not stupid, they know exactly why NYC is doing all this...To prevent what the court majority feels needs to be done. I think the conservatives on the bench feel that the 2A has been given short strict as one of our rights and it's time to address that. Quote Share this post Link to post Share on other sites
supranatural 66 Posted June 8, 2019 3 hours ago, USRifle30Cal said: And when strict scrutiny is applied? Then...... I've quoted from another website (thefirearmblog.com) : Strict scrutiny, if applied to all 2nd Amendment cases, would entail all gun laws being subject to three tests. Once the court determines that strict scrutiny should be applied, the challenged law or policy is presumed to be unconstitutional. The government has to prove it passes the strict scrutiny tests. First, the law or policy must serve a compelling government interest. Secondly, the law must be narrowly tailored to achieve that interest. Thirdly, it must be the least restrictive means of achieving that interest. High capacity magazine bands, assault rifle bands, May Issue would all fail this test... 3 2 Quote Share this post Link to post Share on other sites
CAL. .30 M1 2,101 Posted June 9, 2019 11 hours ago, supranatural said: I've quoted from another website (thefirearmblog.com) : Strict scrutiny, if applied to all 2nd Amendment cases, would entail all gun laws being subject to three tests. Once the court determines that strict scrutiny should be applied, the challenged law or policy is presumed to be unconstitutional. The government has to prove it passes the strict scrutiny tests. First, the law or policy must serve a compelling government interest. Secondly, the law must be narrowly tailored to achieve that interest. Thirdly, it must be the least restrictive means of achieving that interest. High capacity magazine bands, assault rifle bands, May Issue would all fail this test... ...thank you..... that is the path i was offering Quote Share this post Link to post Share on other sites
Cemeterys Gun Blob 165 Posted June 10, 2019 I just hope we don't get egg on our face, and have two so-called 'conservatives' join the 'liberals' and we lose this case. Quote Share this post Link to post Share on other sites
CMJeepster 2,778 Posted June 10, 2019 On 6/8/2019 at 9:12 AM, supranatural said: High capacity magazine bands, assault rifle bands... What about watch bands? 1 Quote Share this post Link to post Share on other sites
supranatural 66 Posted June 10, 2019 15 minutes ago, CMJeepster said: What about watch bands? Sorry, they're not constitutionally protected under the Right to Keep and Bear Timepieces. 1 Quote Share this post Link to post Share on other sites
DirtyDigz 1,812 Posted July 4, 2019 New York is trying again to moot the case: https://www.supremecourt.gov/DocketPDF/18/18-280/107174/20190703170251906_Letter to Supreme Court.pdf ... When an intervening change in law entitles plaintiffs to everything they seek, the Court has long recognized that the litigation is rendered moot. ... It does not matter whether the defendant previously defended the now-defunct law. Nor does it matter whether this Court’s grant of review contributed to the government’s decision to take a fresh look at its legal regime. ... These precedents control here. There is no longer an Article III case or controversy because the new city regulation gives petitioners everything they have sought in this lawsuit. The new state law, upon signature by the Governor, will make the case doubly moot. You hear that plebes? DOUBLY MOOT! Quote Share this post Link to post Share on other sites
njJoniGuy 2,131 Posted July 4, 2019 DiBlasio and his Law Department can go screw themselves. And Cuomo can do the same, just for good measure. 1 1 Quote Share this post Link to post Share on other sites
RUTGERS95 890 Posted July 4, 2019 SC is not dumb, they know why NY is trying hard to kill this case 1 Quote Share this post Link to post Share on other sites
Fred2 367 Posted July 4, 2019 They must know that this case is going to be the one that collapses the anti's house of cards. 1 Quote Share this post Link to post Share on other sites
DirtyDigz 1,812 Posted July 9, 2019 NYSRPA lawyer responds: https://www.scribd.com/document/416211187/NYSRPA-Response-Letter-2019-7-8 Quote ... Moreover, a party asserting that its own actions have mooted a case has “the ‘heavy burden of persua[ding]’ the court that the challenged conduct cannot reasonably be expected to start up again.” ... That heavy burden should be heavier still where, as here, a defendant’s about-face is unabashedly motivated by a desire to deprive this Court of jurisdiction to review the defendant’s actions. ... There are particularly strong reasons to doubt the sincerity of any claim that the City has forever changed its errant ways here given respondents’ declaration that they have no intention of taking any position before this Court on the constitutionality of the rules that they have changed. Indeed, the procedural irregularity of respondents’ actions to date makes plain that their goal is not just to try to moot this case, but to do everything they can to avoid ever having to take a definitive position on those issues. It is hard to understand why respondents are so reluctant to take any position on the questions on which this Court granted certiorari if they have no intention of resuming the challenged conduct or materially similar conduct in the future. ... 1 Quote Share this post Link to post Share on other sites
drjjpdc 39 Posted July 9, 2019 This one funny letter. How desperate is NY? Quote Share this post Link to post Share on other sites
JackDaWack 2,895 Posted July 9, 2019 It's painfully obvious they knew the law was unconstitutional, otherwise they wouldn't have changed it. Let SCOTUS official opinion so they cant reinstitute these absurd laws a few years down the road 1 Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted July 9, 2019 2 hours ago, JackDaWack said: It's painfully obvious they knew the law was unconstitutional, otherwise they wouldn't have changed it. Let SCOTUS official opinion so they cant reinstitute these absurd laws a few years down the road They also defended it tooth and nail for the last 7 years or so. They didn’t decide to change it until SCOTUS granted cert. 1 Quote Share this post Link to post Share on other sites
KDF18 6 Posted July 11, 2019 https://www.nationalreview.com/2019/07/new-york-citys-dishonest-attempt-to-squelch-a-gun-rights-lawsuit/ I think this article sums up nicely what NYC is trying to do. What I'm most surprised about is I found this on a Yahoo news feed. 4 Quote Share this post Link to post Share on other sites
MartyZ 692 Posted July 15, 2019 By changing the law NYC blatantly admitted that they know they are guilty and know that SCOTUS will punish them for it 1 Quote Share this post Link to post Share on other sites
raz-0 1,259 Posted July 29, 2019 Apparently Friday NY got told no for their extension. https://www.scotusblog.com/case-files/cases/new-york-state-rifle-pistol-association-inc-v-city-of-new-york-new-york/ Jul 26 2019 Motion for a further extension of time to file respondents' brief on the merits denied. 1 Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted July 29, 2019 As they should have. They agreed to an extended timeline that the court also signed off on. Asking for an extension two weeks before the deadline is like asking the teacher for an extension the day your term paper is due. Quote Share this post Link to post Share on other sites
kc17 622 Posted July 29, 2019 Arguments should be heard this Fall then? Quote Share this post Link to post Share on other sites
raz-0 1,259 Posted July 29, 2019 5 hours ago, kc17 said: Arguments should be heard this Fall then? I'm not sure if the court has to respond to the second filing to moot the case. Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted July 29, 2019 56 minutes ago, raz-0 said: I'm not sure if the court has to respond to the second filing to moot the case. A draft copy of the response has been leaked to the press: 1 Quote Share this post Link to post Share on other sites