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Old February 28, 2013, 12:19 PM   #190
ChrisWNY
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Join Date: August 7, 2010
Location: Western NY
Posts: 36
Quote:
From what I've read, this challenge will likely fail. For one it doesn't include a TRO (Temporary Restraining Order) to really stop the law from taking effect. It also is only at the lowest level court, and according to other lawyers it's being filed incorrectly.

Sounds like it's going to fail. I hope not but it doesn't look good.
Max has already addressed this concern in the Holtz v. State of New York thread...

http://thefiringline.com/forums/showthread.php?t=518010

Quote:
Originally Posted by Maxb49
As a matter of law, temporary restraining orders cannot be granted against a State, body, or officer from carrying out Statutory law. You need a full injunction. This is the way it was in the CPLR, every judge's hands are tied regarding TROs. Nevertheless, the team applied for a TRO. The judge simply cannot grant the request. This isn't simply a lawsuit. The way the order is written places the burden on the State to demonstrate the Constitutionality of the law. That's a major shift from the Petitioner having to prove that the law is unconstitutional. Remember, the judge was not required to sign the order. Further, Mr. Holtz now has a court order. That's a big deal.
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