Monday, April 27, 2020

The Question is Moot: SCOTUS Remands Challenge to NYC Firearms Rule

Today the Supreme Court issued its decision in New York State Rifle & Pistol Assn., Inc. v. City of New York, a case challenging New York City’s rule on transporting firearms (covered earlier here). The rule was amended after certiorari was granted, and today’s per curiam opinion finds that the “claim for declaratory and injunctive relief with respect to the City’s old rule is therefore moot.” The Court remands the case for the lower courts to consider claims the plaintiffs may have regarding the City’s new rule, as well as whether the plaintiffs may add a claim for damages with respect to the old rule.

Justice Kavanaugh authors a concurring opinion.

Justice Alito authors a dissenting opinion, joined in full by Justice Gorsuch and in part by Justice Thomas, arguing that the case should not have been dismissed as moot and that the City’s rule violated the Second Amendment.

 

 

https://lawprofessors.typepad.com/civpro/2020/04/the-question-is-moot-scotus-remands-challenge-to-nyc-firearms-rule.html

Federal Courts, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink

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