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

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-2946-cv · judgment April 21, 2021


Certiorari denied · December 6, 2021
Pre-decision estimate: 1% cert probability

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

Question 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 N.Y. state. Since 1997, Petitioners have served as board mem­ bers of the We The People Foundation for Constitu­ tional Education, Inc., whose official purpose is to support and defend America’s national and state Con­ stitutions through civic education and civic action. Since 2011, Petitioners have served as board members of We The People of New York, Inc., whose official pur­ pose is the institutionalization 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 petition­ ing Respondents for increasing their compensation without an intervening election, in violation of the N.Y. Constitution and thus the Guarantee Clause of the U.S. Constitution. The questions presented are: Whether a State’s legislative and executive em­ ployees 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.

Counsel of record

For petitioner
Anthony Futia Jr.

For respondent
David Henry Chen
Office of the Westchester County Attorney

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Oct 05 2021
    Waiver of right of respondents Harrison Town Board/ Ron Belmont, Supervisor to respond filed.
  4. Oct 04 2021
    Waiver of right of respondents Westchester County, et al. to respond filed.
  5. Sep 15 2021
    Petition for a writ of certiorari filed. (Response due October 25, 2021)