Press Release from We The People of New York , Inc.
New York State’s highest Court, the Court of Appeals, has decided it will not hear our case against the SAFE ACT because “no substantial constitutional question was directly involved.”
Here is what the Court wrote, in its entirety on the website:
Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved. Judge Stein took no part.
The N.Y. State Constitution says appeals to the Court of Appeals may be taken as of right “from a judgment or order entered upon the decision of an appellate division of the supreme court which finally determines an action or special proceeding wherein is directly involved the construction of the constitution of the state or of the United States….”
As evidenced in part by the decision by the Appellate Division, we believe substantial constitutional questions are involved and were before the appellate division. To read the Decision, click on http://decisions.courts.state.ny.us/ad3/ad3decision.htm and enter 520540 in the search field.
We will now ask the United States Supreme Court (“SCOTUS”) to review the decision of the NY Court of Appeals.
Procedurally, we need to file what is known as a Petition for Writ of Certiorari, which is a document that must satisfy very stringent rules of SCOTUS in terms of format, content and binding:
The decision by SCOTUS will happen fairly quickly. Once SCOTUS receives our Petition it will assign a docket number if our document complies with its rules (if not they will return all copies and tell us what we must do to get it right). The NYS Attorney General’s Office will have 30 days to respond to our Petition. The Petition will then be reviewed and placed on the agenda of one of the judges’ weekly conferences. On the following Monday they will announce whether they will hear the case.
Even though we will prepare the document for the printer at no cost to WTP-NY, the printer will charge approximately $20 for each of the 40 copies the Court requires and each of the 10 extra copies we will have printed. Then there is the $300 fee that must accompany the filing of the documents with SCOTUS in Washington, D.C.
There continues to be the monthly expenses for WTP-NY to move forward in its agenda to expand its efforts to hold government accountable to the State and Federal Constitutions and the Rule of Law.
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