Any day the NRA gets the short end of a judicial ruling is a great day…

known secret about the NRA -they love to inject themselves into a big issue so they can then file a bombastic lawsuit. Always heavy on histrionics but light on case law. Shittlestix was that out loud?

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Brief NRA v NY factual background…

From a contextual and factual standpoint it makes sense to remind you of both the why and when New York went into lockdown. During the height of COVID-19’s 2020 death grip that it had on the State of New York. Then Governor Cuomo issued several executive orders. To help you remember what the state of New York was dealing with in March/April 2020 below are is a brief snapshot of confirmed COVID-19 (CV-19) Cases (see NYS CV-19 data) -for example a brief 90 day window of data;

• March 21, 2020 confirmed CV-19 cases = 10,356

• April 20, 2020 confirmed CV-19 cases = 247,512

• May 22, 2020 confirmed CV-19 cases -359,956

To understand how New York, specifically New York City became the CV-19 epicenter —the outbreak was a combination of factors, but the consistent factor remains, according to the CDC, failure to close the air-travel both Domestic and International had a significant impact on community spread.

Rightly or Wrongly I do think that most of our Public Leaders understood the awesome responsibility that comes with being elected to the highest office (in the land and/or) the State. Governors do not make decisions based on party affiliation. The vast majority of Governors understand that if the people of your state elect you to the highest office —then their “safety and well being” are at the forefront when making (controversial) decisions that impact the health and well being of all the State’s residents. As such on March 22, 2020 the New York Governor issued the following “order” New York State on PAUSE -which reads in part:

Governor… signing the "New York State on PAUSE" executive order, a 10-point policy to assure uniform safety for everyone. It includes a new directive that all non-essential businesses statewide must close in-office personnel functions effective at 8PM on Sunday, March 22, 2020…

ESSENTIAL BUSINESSES OR ENTITIES, including any for profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are not subject to the in-person restriction.

As you’ll note the March 2020 PAUSE Order the New York Governor clearly identified “essential” versus “non-essential” businesses. While grocery stores, pharmacies and liquor stores were exempted grocery stores —gun shops were not deemed/identified as to “essential” and therefore ordered to close. Which now brings us to👇🏻

NRA v New York Governor Lockdown

I could go into the various debates about public health versus “mama needs her steal-jackets” but that would likely obscure the objectivity of the 2020-National Rifle Associations lawsuit. In short the NRA felt compelled to take the Governor to Court over what they deemed as the “constitutional overreach” that the lockdown order “infringed on the second amendment rights” of New Yorkers…

Frankly I’ll give the NRA one half a gold star for concisely positioning the entirety of their argument into this paragraph located on page 3 of the complaint —setting aside the hubris and temerity. Full disclosure for a very short period of time I worked for the NRA. But I promptly resigned when I saw the destruction of their lobbying efforts…so feel free to be skeptical of my objectivity.

…Plaintiff appreciates the grave threat to health posed by COVID-19, and the societal disruption it has caused. However, history reminds us that incursions upon constitutional liberties which are rationalized in the midst of an emergency frequently linger longer, and do more harm, than the emergency itself. Reasonable steps to prevent the spread of the COVID-19 coronavirus do not include the suspension of the Second Amendment. Plaintiff asks the Court to declare that the Second Amendment right to bear arms requires that citizens and residents of New York be afforded reasonable access to purchase firearms and ammunition, and to prohibit Defendants from needlessly forcing gun stores to remain closed.

As you’ll note the NRA tends to use rather bombastic and highly dramatic missives, for example the Compliant includes;

…Defendants’ closure of firearms retailers is a cynical and pretextual attack on the Second Amendment rights of the people of New York….“pointless and arbitrary attack on the constitutional rights of New York citizens and residents…Defendant Cuomo effectively and indefinitely suspended a key component of…

…on Second Amendment rights by shutting down all gun shops in the State of New York during the coronavirus pandemic-New York PAUSE Order. On August 14, 2020 the Federal District Court ruled in favor for the Defendants -State of New York et al. Literally on the very last day for the NRA to appeal, they filed a Notice of Appeal (on September 14, 2020)

On November 16, 2021 the 2nd Circuit Court of Appeals held that the NRA lacked standing to bring some claims. Therefore the NRA’s attempt to obtain an injunction or damages on behalf its members because the Court ruled that the NRA failed to show injury separate from the purported injury sustained by its members.

…lacks standing in this § 1983 action to pursue a claim for nominal damages…

Because the NRA failed to allege its own injuries separate and apart from injuries to its members, it lacks standing in this § 1983 action to pursue a claim for nominal damages. We therefore affirm the District Court’s dismissal of that claim.

..NRA’s proposed claim for nominal damages…

Because the New York PAUSE order was rescinded after New Yorkers hunkered down and climbed that brutal mountain and came down the other side, the US Court of Appeals deemed NRA’s claims were also moot —but this is where law nerds tend to do a little groot scoot dance because there was one potential claim that the 2nd Circuit Court of Appeals shut down by way of the Eleventh Amendment which offers public officials immunity.

We conclude that the NRA’s proposed claim for nominal damages in the SAC is barred by Eleventh Amendment sovereign immunity because the SAC proposes to sue the Defendants only in their official capacities. The Eleventh Amendment bars claims for money damages against state officials in their official capacities

Like I said any day that the NRA “gets shutdown” is a day that makes it a little more joyful. Again you can read the recent 2ndCCOAs Order, found here

And that my friends might be the shortest article I’ve ever published but as you know this week has been about as stressful as they come. Jokingly my client was like you accomplish more by 9AM then most people do all week. My response was “well I figured I’d show you what I’m capable of doing and getting your money’s worth is justification for the increase in December” ←truth be told I purposefully pushed my contract renewal to occur during the middle of busy season. It’s call leverage and pay me what I’m worth or else (snort) But hey on the upside I’m no longer in a “boot” because let me tell you wearing high-heels with an air cast has been interesting. Woot! Woot!!