In response to New York City’s and District Attorney Cyrus Vance’s opposition briefs filed last week, Plaintiffs submitted their Reply Brief today. CLICK HERE to read the Reply Brief.
The Reply Brief points out to the Court that the City and DA take the same approach in their opposition briefs that they have taken through this lawsuit. They ignore the substance of the case and instead employ misdirection to distract from review of the actual issues. None of it contradicts the clear fact that the court of appeals misapplied the Supreme Court’s controlling precedent in order to prevent review of a law that puts millions of New Yorkers at risk of arrest and prosecution merely for carrying an ordinary pocket knife.
They argue that the circuit split is not real when it plainly is. Moreover, two more circuits have recently decided cases that increases the split; it is now four circuits to one with the Second Circuit’s flawed interpretation now an even more obvious outlier. They argue that the issue presented in the Petition was not preserved when it was plainly passed on by the court of appeals. And, they disregard the actual record — all of this in an effort to get this Court to “pay no attention to that man behind the curtain,” the very real issue of vagueness at the heart of this case.
This reply brief is the last filing normally provided prior to the Court’s conference, which is scheduled for June 13. At that time the Justices would be expected to decide whether or not to grant the petition and hear the case. It will be Monday, June 17, before they will post the results of the conference.