No. 21-450

Anthony Futia, Jr., et al. v. Westchester County Board of Legislators, et al.

Lower Court: Second Circuit
Docketed: 2021-09-23
Status: Denied
Type: Paid
Response Waived
Tags: citizen-accountability constitutional-rights first-amendment guarantee-clause petition-clause redress standing state-constitution state-government taxpayer-standing
Key Terms:
FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether a State's legislative and executive employees are obligated to respond to Petitions from that State's citizen-voters for Redress of their violations of the State's Constitution and laws pursuant thereto

Question Presented (OCR Extract)

QUESTIONS PRESENTED , As veterans of the U.S. Armed Forces and former employees of the government of N.Y. state, Petitioners are bound by their oaths to support and defend the Constitutions of the United States and NY. state. Since 1997, Petitioners have served as board members of the We The People Foundation for Constitutional Education, Inc., whose official purpose is to support and defend America’s national and state Constitutions through civic education and civic action. Since 2011, Petitioners have served as board members of We The People of New York, Inc., whose official purpose is the of citizen vigilance and holding government accountable to the rule of law. Over the years, Petitioners have strived to restore the Petition Clause of the First Amendment. Here, Petitioners exercised their Right by petitioning Respondents for increasing their compensation without an intervening election, in violation of the N-Y. ; Constitution and thus the Guarantee Clause of the US. Constitution. ; The questions presented are: Whether a State’s legislative and executive employees are obligated to respond to Petitions from that State’s citizen-voters for Redress of their violations of the State’s Constitution and laws pursuant thereto. ii QUESTIONS PRESENTED -— Continued Whether Petitioners’ Guarantee Clause claim is resolvable by judicially discoverable and manageable standards and therefore justiciable. Whether Petitioners have standing to maintain their claims.

Docket Entries

2021-12-06
Petition DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-10-05
Waiver of right of respondents Harrison Town Board/ Ron Belmont, Supervisor to respond filed.
2021-10-04
Waiver of right of respondents Westchester County, et al. to respond filed.
2021-09-15
Petition for a writ of certiorari filed. (Response due October 25, 2021)

Attorneys

Anthony Futia, et al.
Anthony Futia Jr. — Petitioner
Harrison Town Board/ Ron Belmont, Supervisor
Richard FinkelBond, Schoeneck & King, Respondent
Westchester County, et al.
David Henry ChenOffice of the Westchester County Attorney, Respondent