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

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3038 · judgment March 4, 2021


Certiorari denied · October 12, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question 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.

Counsel of record

For petitioner
Amy L. Bellantoni
The Bellantoni Law Firm, PLLC

For respondent
Elina Druker
New York City Law Department

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 22 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 16 2021
    Waiver of New York City, New York, et al. of right to respond not accepted for filing. (September 16, 2021)
  4. Sep 16 2021
    Waiver of right of respondent New York City, New York, et al. to respond filed.
  5. Aug 26 2021
    Blanket Consent filed by Petitioner, Ralph Abekassis
  6. Aug 23 2021
    Petition for a writ of certiorari filed. (Response due September 24, 2021)