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Sen. Whitehouse Threatens U.S. Supreme Court Over New York Gun Case
by William Maurer - August 30, 2019

Sen. Sheldon Whitehouse has written and filed an unusual brief with the U.S. Supreme Court. Typically, when legislators file “friend of the court” briefs, they are about what a ruling would mean for Congress or their constituents. Whitehouse’s brief, filed on his behalf and that of four other senators, is different. It is an attack on an independent judiciary, on the ability of people to vindicate their constitutional rights in federal courts, on donor anonymity, on public interest lawyers, and on other things Whitehouse thinks are bad.

The case in which he filed his jeremiad concerns whether a New York City ordinance that banned the transfer of a legal gun to a home or shooting range outside the city limits complied with the Second Amendment. Concerned that the Supreme Court would say “no,” the city amended the law and then argued that the case was moot.

However, quitting before you lose is a litigation trick so well-established that it has a name: “voluntary cessation.” The courts often find voluntary cessation cases are not moot because the offending party can simply resume the challenged activity once the court dismisses the case.

Continues:

https://thefederalist.com/2019/08/30/sen-whitehouse-threatens-u-s-supreme-court-doesnt-rule-way-wants/

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