So far, he has temporarily STAYED the trial court's order throwing out the new lines for having violated the NYS Constitution
Today's hearing is whether the decision and order of Trial Court Justice Patrick F, McAllister should be permanently restrained >>> while the Appellate Division for the Fourth Department in New York hears and decides the appeal of the trial court's original decicion and order
An appellate judge named Stephen K. Lindley of the New York State Supreme Court, Fourth Appellate Department, in Rochester has already issued a temporary stay of the lower court's first order throwing out the recently enacted U.S. congrssional and N.Y.S. legislative lines --- after several NYS Democratic Party leaders formally contested the lower court’s opinion last week that the new district maps were unconstitutional. Also, Justice McAllister had found that, in some instances, the new lines apparently had been gerrymandered for partisan gain by the legislative majority.
Judge Lindley did not address the merits of the underlying case. However, in a note instructing both the Democrat appellants and the Republicans challenging the maps to attend today's hearing, Justice Lindley said that he hoped to expedite the Appellate Department's proceedings as to whether the recently passed NYS law that allowed the legislature to make the new district lines was constitutional, as follows: “.... The appeal will be greatly accelerated for obvious reasons, and I anticipate that a decision could be rendered within the next three weeks, if not sooner....”
The question is, if I may be so bold, is whether a ballot referendum Trumps the NYS Constitution. I think not.
ReplyDeleteDoes anyone know if the Most Reverend Robert Brennan, Bishop of Brooklyn, is planning to absolve Brian Fox of his many transgressions and felonies? I would ask John Quaglione but I believe he is scrambling eggs for Vinny LaVein
ReplyDeleteIf SCOTUS takes it the GOP get 3 seats back. They'll take it.
ReplyDeleteUPDATE & BACKFILL: THE "INTERIM RELIEF" EDITION
ReplyDeleteTHE JUDGE NOW HANDLING THINGS WRT THE NEWLY DRAWN NYS CONGRESSIONAL AND LEGISLATIVE LINES SAYS HE WILL PROBABLY DECIDE BY TOMORROW WHETHER TO PERMANENTLY STAY ENFORCEMENT OF JUSTICE MC ALLISTER'S EARLIER DECISION AND ORDER INVALIDATING THE NEW LINES PASSED BY THE NYS LEGISLATURE AND SIGNED INTO LAW BY THE NYS GOVERNOR
There will continue to be an opportunity for more interventions by interrested parties and submissions of briefs and materials prior to the next scheduled hearing on the appeal of the McAllister decision and order on April 20th.
738, SCOTUS can do a lot of things, but one thing it can't do is see to it that '... the GOP get 3 seats back...' in NY State.
ReplyDeleteBesides, it is far more likely that SCOTUS WILL NOT TAKE the NY redustricting case than that it will.