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av8r1998

(265 posts)
3. Not really sure it is...
Thu Mar 14, 2013, 09:17 AM
Mar 2013

Legislatures generally make their own rules.
As I understand it the plaintiff is arguing that the Legislature violated the Constitution by saying this was an emergency, when it wasn't.
The judge is saying that is a matter of Legislative Authority, not a matter of law for a Judge. (i.e. checks and balances)

If the law's constitutionality were questioned he could rule on that, but it wasn't.

He was asked to rule on whether the legislature acted within their constitutional authority.

In NYS, there is a "waiting period" of some sort as I understand it to hold public hearings, print the bill, etc. which can be waived in an "Emergency". The judge is saying that it's not his job to decide whether or not a mass shooting in another state constitutes an "Emergency"/

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0 members have recommended this reply (displayed in chronological order):

Not a judicial issue? iiibbb Mar 2013 #1
Not really sure it is... av8r1998 Mar 2013 #3
No ... not a big deal one way or another av8r1998 Mar 2013 #2
Thanks! nt jmg257 Mar 2013 #4
Yeah... a lot of people get this confused... bobclark86 Mar 2013 #5
my bad! av8r1998 Mar 2013 #6
It's all good, man :) bobclark86 Mar 2013 #7
Latest Discussions»Issue Forums»Gun Control & RKBA»Pretty big deal? NYSSC de...»Reply #3