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Carol S. Cymbler v. Nassau County, New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 25-2495 · judgment July 15, 2026


3%
estimated cert probability
(petition-stage, structural)

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

Questions presented

  1. Counties are legal and political creations of a state. Despite such origins, are counties and their local governments superior to their creators such that state law does not apply to them, thereby allowing them to enter into contracts expressly unauthorized by state law?

  2. There is a long history of state and federal case law establishing that contracts for performance of criminal acts are void and illegal. Is that legal canon still law of the land, overturned in its entirety so that contracts for performance of crimes are now legal and can be entered into without fear of punishment for committing such acts, or does there exist a singular exemption to that canon which allows governments to enter into written contracts whereby it hires individuals or entities to regularly perform acts statutorily defined as criminal acts?

  3. Ingrained within the federal Constitution and the constitution of every state is the guarantee of due process. Impartial tribunals, verdicts only after trial and not before trial, admissibility of only legally obtained evidence, evidence authentication requirements, and the right to confront one’s accuser so as to be able to put up a defense have all been declared to be guaranteed due process rights. Are these long-standing pillars of due process now relegated to the trash heap of history and no longer required in American jurisprudence?

  4. Is the Takings Clause violated when a county government keeps fees imposed by county statutes or ordinances when such fees have been declared unconstitutional by the state’s appellate court?

  5. Can local governments or local government entities acting in illegal, unauthorized ways use their status as a government or government entity to bypass federal law in order to illegally and unjustifiably obtain federally protected information?

  6. Does an illegal, unauthorized written contract for performance of illegal and unauthorized acts – inclusive of terms requiring multiple uses of the postal service and electronic communication – so as to defraud individuals and entities of monies constitute an enterprise, predicate acts, and a meeting of the minds establishing RICO violations?

Counsel of record

For petitioner
Benjamin Joseph Fischer
Law Office of Benjamin J. Fischer, PLLC

For respondent
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Case

Conference history
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Proceedings

  1. Oct 07 2026
    Petition for a writ of certiorari filed. (Response due November 12, 2026)