As you probably know, the Supreme Court agreed to hear New York State Rifle & Pistol Association vs. City of New York earlier this year. That case has the potential to be a landmark decision for gun rights on the order of (or possibly exceeding) Heller and McDonald.
Those who read the legal tea leaves on the anti-gun side have recognized the potential for the case to re-write (read: strike down) gun control laws across the country and it has them in a quiet state of panic. So much so, in fact, that the city of New York put the wheels in motion to change the law that’s at issue in the case.
This was an undisguised, cynical attempt to short-circuit a potential (likely?) adverse ruling by rendering the case moot. Attorneys for the city filed a motion with the court to postpone the proceedings in the case while the city tries to smother it in its sleep.
The good news is, no matter what the city does, there are exceptions to the mootness doctrine available to the Justices that allow them to hear the case even if the underlying law has changed. And such brazen attempts to sidestep a ruling the respondent wants to avoid tends to anger the nine robed ones.
Today, the Court denied the city’s motion for a stay. As attorney LKB tells us,
The motion they filed was exceptionally weak sauce.In theory, if New York City actually eliminates the regulation/ordinance at issue, then they could move to have the writ dismissed as moot.(That will probably be their next move.). The Court will likely deny that motion, and indicate that mootness will be addressed by the opinion.
As in their final opinion once the case is heard and a ruling is handed down. This is very good news. Continue to watch this space.