Resolved: NY Communities Want Levers

When the legislature enacts unconstitutional legislation it is the responsibility of the rest of us to bring it to the judiciary for a ruling. If the court finds ERMA unconstitutional, then the agreement the State entered into in federal court (agreeing to comply with an unconstitutional law) would be void and unenforceable. NY’ s Court of Appeals recently affirmed the finding that an agreement entered into by the Governor was without constitutional authority, “thereby rendering it void and unenforceable.” Saratoga v Pataki