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Libertarian Party of Erie County et al v. Cuomo et al

REPLY/RESPONSE to re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT-MATTER JURISDICTION Reply Memorandum of Law

26 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,840 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,057 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  3. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,281 times   21 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

  4. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,866 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  5. Hollingsworth v. Perry

    570 U.S. 693 (2013)   Cited 947 times   16 Legal Analyses
    Holding that proponents of a ballot initiative who "ha[d] no role ... in the enforcement of " the initiative and were not "agents of the State" lacked standing to defend it on appeal

  6. Bliven v. Hunt

    579 F.3d 204 (2d Cir. 2009)   Cited 783 times
    Holding "allegations of bad faith or malice cannot overcome judicial immunity"

  7. Kachalsky v. Cnty. of Westchester

    701 F.3d 81 (2d Cir. 2012)   Cited 215 times   2 Legal Analyses
    Holding that although "some form of heightened scrutiny would be appropriate," strict scrutiny was not necessary, and instead applying intermediate scrutiny

  8. N.Y. State Rifle & Pistol Ass'n, Inc. v. Cuomo

    804 F.3d 242 (2d Cir. 2015)   Cited 146 times
    Holding that a ban on LCMs "survive intermediate scrutiny"

  9. Ognibene v. Parkes

    671 F.3d 174 (2d Cir. 2012)   Cited 76 times
    Upholding contribution ban with New York City contractors

  10. Bach v. Pataki

    408 F.3d 75 (2d Cir. 2005)   Cited 75 times
    Holding that a New York regulation restricting applications for handgun licenses to nonresidents with a primary place of business in the State did not violate the Privileges and Immunities Clause because the "discrimination [was] sufficiently justified by New York's public safety interest in monitoring handgun licensees" and its inability to access sufficient information about the qualifications of nonresidents

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,959 times   689 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,697 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities