No. 21-272

Ralph Abekassis v. City of New York, New York, et al.

Lower Court: Second Circuit
Docketed: 2021-08-25
Status: Denied
Type: Paid
Response Waived
Tags: 2nd-amendment appellate-review civil-procedure civil-rights constitutional-rights due-process firearm-regulations judicial-review mootness second-amendment standing
Key Terms:
AdministrativeLaw ERISA SecondAmendment JusticiabilityDoctri
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether the Second Circuit erred in dismissing this case as moot where New York City's actions were designed to evade appellate review

Question Presented (OCR Extract)

QUESTIONS PRESENTED In New York State Rifle & Pistol Ass’n, Inc. v. City of New York, New York, 140 S. Ct. 1525 (2020), this Court held that New York City’s postcertiorari amendment to the challenged handgun regulations mooted the petitioners’ claims. Emboldened, the City continues to orchestrate the manipulation of judicial review of unconstitutional firearm regulations, in violation of the Second Amendment. The City’s repeated and wrongful conduct, and the Second Circuit’s disregard of it, give rise to this petition, which cries out for an exercise of this Court’s supervisory power. The questions presented are: Whether, based on this Court’s jurisprudence as articulated in City of Mesquite and Honig, the Second Circuit erred in dismissing this case as moot where New York City’s calculated and repetitive actions were designed to evade appellate review. Whether New York City’s post-filing unsolicited issuance of a firearm license moots the live controversy where the licensee remains subject to the challenged regulations.

Docket Entries

2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-16
Waiver of right of respondent New York City, New York, et al. to respond filed.
2021-08-26
Blanket Consent filed by Petitioner, Ralph Abekassis
2021-08-23
Petition for a writ of certiorari filed. (Response due September 24, 2021)

Attorneys

New York City, New York, et al.
Elina DrukerNew York City Law Department, Respondent
Elina DrukerNew York City Law Department, Respondent
Ralph Abekassis
Amy L. BellantoniThe Bellantoni Law Firm, PLLC, Petitioner
Amy L. BellantoniThe Bellantoni Law Firm, PLLC, Petitioner