View Single Post
Old February 27, 2013, 08:03 PM   #10
Senior Member
Join Date: March 8, 2007
Location: Jamestown, New York
Posts: 256
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.

I think we crashed tonight.
Maxb49 is offline  
Page generated in 0.03304 seconds with 7 queries