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Albany, NY - Smith Goes to Court, Seeks Injunction Against Republicans |
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Published on:
Jun 10, 2009 at 01:09 PM
News Source: Times of Albany
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The Senate chambers at the Capitol are empty and dark and the doors are locked on Tuesday, the day following defections of two Democrats tipped the balance of power back to Republicans. (Paul Buckowski / Times Union)
Here’s the statement from Smith spokesman Austin Shafran:
“The Temporary President and Majority Leader, Senator Malcolm A. Smith, was elected to a two year term pursuant to a resolution passed by a majority of Senators in January 2009. The purported coup was an unlawful violation of New York State law and the Senate rules and we do not accept it. The Senate Majority is fully prepared to go back to the people’s work, but will not enter the chamber to be governed by unlawful rules. We plan to file an action for a temporary injunction to enjoin the Republicans from illegitimately usurping authority from the people of New York,” said Austin Shafran, spokesman for Senate Majority Leader Malcolm A. Smith.
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Read Comments (14) — Post Yours »
1
Jun 10, 2009 at 01:14 PM Anonymous Says:
Cry baby. yada yada yada. we all know that it is illegl now let us see the old bums van resign with grace.
2
Jun 10, 2009 at 01:12 PM Avi Says:
Sour Loser
3
Jun 10, 2009 at 01:23 PM Anonymous Says:
they got the keys already but they dont say how
4
Jun 10, 2009 at 01:38 PM Anonymous Says:
1. Imagine this would happen in Panama or in Tibet, the United States would send in troops to restore democracy.
In any case, this fight is good for the people of NY. Let them fight as long as they can, and not have time to pass tax increases.
As far as I know there is a sales tax increase proposal due to pass soon to increase sales tax in NYC.
As long as they fight this will stall.
5
Jun 10, 2009 at 01:40 PM Liberal Court Says:
I'm not so sure if the Liberal Court system of NY will allow the republicans to resume control of the House. I'm hoping they will do the right thing and throw it out .
6
Jun 10, 2009 at 01:56 PM SimchaB Says:
This is ludicrous! Every chamber of government has the right to set it's own rules. The same way a law can be overturned with a new majority vote, so can the senate/assembly rules unless they are in the state constitution, which is unlikely.
7
Jun 10, 2009 at 01:49 PM Liberal Court Says:
“ 1. Imagine this would happen in Panama or in Tibet, the United States would send in troops to restore democracy.
In any case, this fight is good for the people of NY. Let them fight as long as they can, and not have time to pass tax increases.
As far as I know there is a sales tax increase proposal due to pass soon to increase sales tax in NYC.
As long as they fight this will stall. ”
with the majority republican in the House Senate the Tax increase will never go through.
I'm extremely happy with the current events
8
Jun 10, 2009 at 02:37 PM Anonymous Says:
Politicians are like Diapers they need to be changed frequently & for the same reasons :)
9
Jun 10, 2009 at 02:35 PM Esq. Says:
I do not believe there is a legal basis for this claim.
10
Jun 10, 2009 at 04:42 PM Milhouse Says:
This is ridiculous. No court has the right to interfere with the internal affairs of the state senate, any more than the state senate can interfere with the internal affairs of a court. If the majority have any guts, then if the judge issues an injunction they will not only ignore it, but send back a note to the judge warning him that any attempt to interfere will lead to the senate holding him in contempt.
11
Jun 10, 2009 at 02:21 PM Milhouse Says:
How can a court interfere in the doings of the legislature? If the new majority have any guts, then if they receive any injunction from the court they will send it back with a warning that the judge is risking being held in contempt of the senate.
12
Jun 10, 2009 at 02:00 PM Anonymous Says:
We do not have a parliamentary system of government yet == patience, gentlemen, patience!! Time will tell, besides, who wants 2 criminals running the senate??
13
Jun 10, 2009 at 10:47 PM Anonymous Says:
Veteran Pennsylvania Sen. Arlen Specter switched from the Republican to the Democratic Party i didn't here the democrats crying then
14
Jun 12, 2009 at 11:33 AM awacs Says:
“ How can a court interfere in the doings of the legislature? If the new majority have any guts, then if they receive any injunction from the court they will send it back with a warning that the judge is risking being held in contempt of the senate. ”
The usual way - injuncation. Milhouse, you are right, but you're too late by decades.