What Supreme Court's Order To NY State
In Antonyuk vs Nigrelli Really Means

By Roger Katz. Jan 20, 2023

New York – The Arbalest Quarrel anticipated the U.S. Supreme would respond quickly to the New York State concealed handgun carry license holders' Application for Relief from the Second Circuit's lifting of the Stay on the Plaintiffs' Preliminary Injunction ("PI").

This was evident from the odd "request" issued by Associate Justice Sonia Sotomayor on December 27, 2022, giving the Hochul Government four days to respond to the Plaintiffs' "Application for Relief."

  • Realizing that the Court expected a response, the New York Government complied, filing its Response on January 5, 2023.
  • The Plaintiffs filed their reply to the Government's Response on January 11, 2023.
  • The High Court issued a terse order on January 11, 2023, denying Plaintiffs' Application to vacate the stay on the Plaintiffs' Preliminary Injunction.

This Order allows the Hochul Government to enforce the Concealed Carry Improvement Act (CCIA) while the Second Circuit reviews the substantive merits of the Plaintiffs' challenge.

As pointed out by Gun Owners of America in an AmmoLand News article posted on January 11, 2022, Justice Samuel Alito made clear to both the Government and the Second Circuit that the Court is not to dawdle.

Justice Clarence Thomas joined Alito on this, so we should understand that Alito's remarks are also those of Thomas.

Alito and Thomas understood that the High Court's refusal to lift the stay on the Plaintiffs' PI gives Hochul and the Legislature in Albany breathing space. The Government can enforce the CCIA while the Second Circuit reviews the substantive merits of the Plaintiffs' handgun licensees' challenge.

Time is on their side, and the Government has everything to gain by drawing this case out for months if it can. .....


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