Shocking no one, a New York judge has essentially stated that that state’s constitution may be set aside, just as long as the Governor makes a halfhearted excuse:
A New York judge has dismissed a challenge to the state’s stricter guns laws, saying that Gov. Andrew Cuomo and lawmakers did nothing unconstitutional when quickly passing the NY Safe Act early last year.
The ruling, handed down on Thursday by state Supreme Court Judge Thomas McNamara, also says Robert Schulz and his co-plaintiffs did not prove that the Safe Act infringes on their state constitutional rights.
“Though plaintiffs assert in the complaint that the Safe Act infringes upon rights granted by this provision of the constitution, they do not point to any right created thereby nor is one apparent,” McNamara wrote.
The judge said the use of a “message of necessity” to pass the bill without a normal three-day waiting period met state requirements. “While plaintiffs may disagree with the governor’s and the legislature’s assessment of the need to act quickly, the governor included in his certificate a recitation of his reasons for urging speedy passage. That is all the constitution requires…”
In other words, Judge McNamara holds that as long as a New York Governor—in this instance, Andrew Cuomo—offers the even the thinnest excuse for using the “message of necessity” tactic, that is enough of a justification; the reason for violating the state constitution need not be reasonable, logical, or even sane.
The case will be appealed.