July 24, 2023

In a long running string of statements and actions, New York Governor Kathy Hochul has left little doubt of how she views constitutional freedoms; government always knows best. In particular, herself as the executive branch of New York State government. Instead of acknowledging the separation of powers doctrine, she has sought to further undermine the other branches of government when she disagrees with rulings from the Supreme court over constitutional rights. Not only is it dangerous, it is reckless and reflects her lack of integrity to uphold her oath to both the U.S. Constitution, the State Constitution and to the People of New York State. As a lawyer, she has no excuse. Often many Americans disagree with rulings from the Supreme court, however the rulings are binding precedent based on the constitution's text, history and tradition. While the court has occasionally deviated from this standard of review, it has corrected itself to the extent of following the actual meaning of the constitution. New York residents are not excluded from constitutional protections simply based on the whims of Kathy Hochul when she disagrees with the Supreme Court.    

In one of the most egregious examples of her tyranny, the Governor angrily rejected the Second Amendment rights of New York residents in New York Rifle and Pistol Association v. Bruen. The decision struck down New York's 1911 Sullivan law which required an applicant to show "proper cause" as to why they should be granted the right to carry a firearm. The law was based on bigotry as it targeted Italian-Americans who were carrying handguns. The Governor referred to the court's decision as "not just reckless, it's reprehensible" and she was "sorry this dark day has come". She went on the say the state "has the power of the pen" to enact new gun restrictions and was "prepared to go back to muskets" claiming she is "just getting started". In a moment of truth, the Governor laid out her plan to counteract the ruling by making it even more difficult for New Yorker's to obtain a handgun carry permit, "We are also going to create a higher threshold for those who want to receive a concealed carry permit". The Governor and legislature than moved to rush through the so called New York  Concealed Carry Improvement Act which is even more restrictive than the prior unconstitutional gun law. The new law has been struck down as unconstitutional by several district courts which issued injunctions against the law, however the rulings were placed on hold by the 2nd Circuit Court of Appeals which heard arguments on March 20, 2023 involving several consolidated cases. A decision is expected shortly.

On abortion, there are many opinions and the topic is very contentious. Even so, New York State legalized abortion in 1970 and has eliminated all restrictions including who can perform abortions, those involving children and the prohibition on the use of taxpayer funds for abortion. So once again, Hochul goes to the deep end making unfounded claims and assertions after the court's ruling in Dobbs, "Heaven help us with this Supreme Court and their reckless disregard of all the values that we hold dear as Americans. The right to have control over your own body. The right to marry whom you choose. This has opened up a real Pandora's box." The court actually held that there is no constitutional right to abortion and sent the issue back to the states to decide. New York has decided to eliminate all restrictions even those that are reasonable such as when an abortion can be performed, robust medical standards of care and parental notification when minors receive abortions. It is without question that the court's decision did not affect a state's ability do as they please on abortion. Almost twenty five years ago, Hillary Clinton expressed the following opinion on abortion noting it should be "safe, legal and rare, and by rare, I mean rare." Yet New York is free to eliminate all restrictions including those on infanticide (former NY Senator Moynihan (D-NY coined the phrase for late term abortion). Its obvious that Hochul's claims have absolutely no merit and seek to further undermine the Supreme Court by engaging in falsehoods.

In another important case, Students for Fair Admissions (SFFA) v. University of North Carolina and Students for Fair Admissions v. Harvard University,  the Supreme Court held that the consideration of race in college admissions was unlawful discrimination which violated the Fourteen Amendment's Equal Protection Clause. Chief Justice John Roberts made it simple, "In other words, the student must be treated based on his or her experiences as an individual—not on the basis of race." Yet again Hochul rejected equality for all under the law and came out in support of unlawful discrimination, "This is a dark day for equality and democracy." Hochul went on the say she has spoken with State University of New York (SUNY) Chancellor John King about admitting more students based on diversity. If the Supreme court ruled against discrimination based on race, will Hochul move to disregard the court's ruling? Discrimination in the name of diversity was the true goal of SUNY. John King stated that the court put "our nation backward in the journey toward equity and civil rights". Equity is not equality. Equity requires equal outcome through the use of quotas versus equality which is based on equal opportunity for all. SUNY's statement further admitted their unlawful conduct under the Hochul regime, "Race-conscious admissions have enriched our institutions and our nation." 

Governor Hochul has shown herself to be reckless with the truth as it relates to various decisions of the Supreme Court. While this is deeply troubling, her efforts to disregard constitution rights are dangerous, arrogant and tyrannical.  It has been established that only God confers natural rights to the People and not Kathy Hochul. New Yorkers will not allow their rights to be trampled by Houhul and will continue to seek the the guarantees of the U.S. Constitution. Shame on you Kathy Hochul.