Antonyuk v Nigrelli 1/11/2023 by Tom Reynolds
The case of Antonyuk v Nigrelli is probably the most far- reaching of many cases in opposition to Governor Hochul’s Concealed Carry Improvement Act (CCIA).
Initially, the District Court judge issued a stay in enforcement (stopped enforcement) of that act.
This Stay was overturned by the 2nd Circuit Appeals Court which allowed the CCIA to be enforced while the case is being decided. However, the 2nd Circuit did not give an adequate explanation of its decision.
The STAY was then appealed to the United States Supreme Court (SCOTUS.)
On Wednesday, SCOTUS refused to overturn the Appeals Court ON THE STAY. However, there are conditions to that decision: The 2nd Circuit Appeals Court must “provide an explanation for its stay order or expedite consideration of the appeal.”
Therefore, unfortunately, the CCIA is still in force while the case against it proceeds.
While we had hoped that enforcement would be stayed, we are still optimistic that CCIA will eventually be declared unconstitutional.
Below is the statement of JUSTICE ALITO, with whom JUSTICE THOMAS joins, respecting the denial of the application to vacate stay.
“The New York law at issue in this application presents novel and serious questions under both the First and the Second Amendments. The District Court found, in a thorough opinion, that the applicants were likely to succeed on a number of their claims, and it issued a preliminary injunction as to twelve provisions of the challenged law. “
“With one exception, the Second Circuit issued a stay of the injunction in full, and in doing so did not provide any explanation for its ruling…In parallel cases presenting related issues, the Second Circuit has likewise issued unreasoned summary stay orders, but in those cases it has ordered expedited briefing. “
“I understand the Court’s denial today to reflect respect for the Second Circuit’s procedures in managing its own docket, rather than expressing any view on the merits of the case. Applicants should not be deterred by today’s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal.”
As usual, the judicial system is very bureaucratic in the way cases are handled, which adds to the expense of non-government participants. The government uses bottomless pockets of taxpayer dollars. The above decision does not reflect on the merits of the case.
