So one thing not in this brief (at least I hadn’t seen it). The NYS leg. passed the bill but Cuomo hadn’t signed it when mootness claim made to court. Only AFTER court denied mootness non-claim that Cuomo signed the bill, 3+ weeks later. Most other laws signed within days.
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The
@ACLU favored this position in a cert petition a few years ago (http://sblog.s3.amazonaws.com/wp-content/uploads/2015/02/Petition-for-Writ-of-Certiorari.pdf …), with amicus support from@PacificLegal,@IJ, and@CatoInstitute (https://object.cato.org/sites/cato.org/files/pubs/pdf/rosebrock-cert-stage.pdf …). Government gamesmanship is something everyone should oppose. -
Well put. Beautifully crafted brief, BTW: one to emulate. And folks who've never litigated vs govt should check out pp. 8-9 to see how low govt Ds will stoop, taking pro se cases up on appeal to get favorable ruling while strategically mooting cases against represented parties.pic.twitter.com/seG3Ldli05
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Short of a State constitutional amendment, is there a way to show it won’t be likely to reoccur? Can’t they always amend the law again?
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It already does. See Trinity Lutheran where the parties to the case agreed on everything, including mootness. I think that was the first time ever at SCOTUS. But
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