Spectacular! Bravo to the legal team and those activists who hung in there through thick and thin to see justice done. The medical freedom community very much appreciates all your hard work. It would be great to see a plaque go up somewhere commemorating this fantastic victory for and by the people.
Hi - I am very happy that the appeal was dismissed. However, I think you need to re-read the final decision - the mootness doctrine was applied, which leaves this issue open in the future. I'm sharing this because I don't want us to misunderstand what's going on here and get caught off guard. The decision states that the case is being dismissed because it is moot and the court stated the "exception to the mootness doctrine" is not being applied. In other words, the decision did not speak to the merits of the case and thus the validity/invalidity of the regulation itself was not addressed. Please re-read the decision. Thank you!
Hi again - I agree - they don't have a leg to stand on. But, my concern is that should they decide to re-issue a regulation/another NYCRR - they could still do so. Yes, they would probably lose in court - but it would take months and months to get it through the court system - meanwhile, they still have the potential to cause a great deal of disruption and chaos since there was no ruling on the merits. I'm not saying this would happen anytime soon - but meanwhile since there was no real ruling, years down the line, the effort could still be made to do what ought not be done. In general, I agree with you - I just suspect that the State can do some backdoor things, and this leaves that back door unlocked.
However, until the 4th department of the Appellate Div upholds the Lower Courts ruling and the Court and.the Court of Appeals refuses to hear any appeal, we are not out of the woods yet. ...if you didn't get the vaxx you could be at the top.of the list for Kathy's Koncentration Kamps if they don't.
Spectacular! Bravo to the legal team and those activists who hung in there through thick and thin to see justice done. The medical freedom community very much appreciates all your hard work. It would be great to see a plaque go up somewhere commemorating this fantastic victory for and by the people.
I LOVE the idea of a PLAQUE!!!!
hells yeah from OR https://youtu.be/tRrPMLYj79s?si=wI27h1Lx4_sP8-KO CELEBRATE
Hi - I am very happy that the appeal was dismissed. However, I think you need to re-read the final decision - the mootness doctrine was applied, which leaves this issue open in the future. I'm sharing this because I don't want us to misunderstand what's going on here and get caught off guard. The decision states that the case is being dismissed because it is moot and the court stated the "exception to the mootness doctrine" is not being applied. In other words, the decision did not speak to the merits of the case and thus the validity/invalidity of the regulation itself was not addressed. Please re-read the decision. Thank you!
Correct.
But if you watch and read what NY Attorneys General did in the 4th Department appeal it was beyond pathetic.
They waged NO argument at all, and simply said since they are repealing their mandate the lower court decision is moot.
The 4th Dept disagreed.
Your analysis is correct but practically what is NY State going to do?
Are they going to appeal BACK to the 4th Dept?
They were just there and chose to NOT ARGUE.
Are they going to appeal to the NY COURT of Appeals?
Good luck with that!
There case is such garbage I would be shocked if they accepted this case.
Appreciate any comment you have to this analysis.
Hi again - I agree - they don't have a leg to stand on. But, my concern is that should they decide to re-issue a regulation/another NYCRR - they could still do so. Yes, they would probably lose in court - but it would take months and months to get it through the court system - meanwhile, they still have the potential to cause a great deal of disruption and chaos since there was no ruling on the merits. I'm not saying this would happen anytime soon - but meanwhile since there was no real ruling, years down the line, the effort could still be made to do what ought not be done. In general, I agree with you - I just suspect that the State can do some backdoor things, and this leaves that back door unlocked.
I disagree that there was no real ruling. The lower court ruling stands as settled law.
But you are wise to fear future shenanigans. Nothing will happen till 2025 or later (they need to get passed these elections)
I also believe until there is a new spin past then old covid crisis they are stuck
Best news for Halloween!
However, until the 4th department of the Appellate Div upholds the Lower Courts ruling and the Court and.the Court of Appeals refuses to hear any appeal, we are not out of the woods yet. ...if you didn't get the vaxx you could be at the top.of the list for Kathy's Koncentration Kamps if they don't.
"Camps" is a different case
NY would be hard pressed to appeal this decision.