Sup Everyone,

So while I am having a blast lately with all this Cuomo-Harassment stuff (which will be the next blog… tee hee) I came across a line of cases that would be useful in our War Against Tyranny.

Of course, it would take a brave judge to stand up against our sexually abusive Little DICKtator, but here at Miletti Law, we strive to provide you with a stream of cases, legal theories, and commentary to help with the battle against the Emperor.

Let’s get down to it. The legal issue to discuss today asks the question—

Issue: Is there any positive case law in which it discusses that executive orders have gone too far, and encroached on the legislative function?

Short Answer. Yes. There is positive case law to fight this.

As we have already explained in our blog post from 11/18/2020, Executive Orders were never designed to “create law” but rather, they were designed to function as a suspension of laws, so the Emperor could effectuate and carry out legislative policies in times of crisis, faster than usual. Of course the tricky Little DICKtator has other plans and treats the law like he treats female aids, merely as objects for him to disparage and abuse on his path to total control.

Well, here at Miletti Law, as usual, we have no time for his shit… so lets get down to business and explain WHY he is encroaching on the legislative function and provide yet ANOTHER REASON to why he should have been shot down so far…

BIG IDEA. For those who don’t feel like reading yet another long ass blog from Miletti Law:

  • Believe it or not there is an actual series of case law that slaps down the Emperor for making policy and law, AND it was in 2020.
  • Simply put, the Executive Branch, which his executive orders, may not make law, but rather, implements policies as directed by the Legislative Branch.
  • Policy decisions needs proof, justification, evidence, etc., and that is a function of the Legislature, not the Executive.
  • If the Executive Branch pushes on policy-making, that is encroachment and they need to be stopped. It is a violation of the Separation of Powers in a State Government.
  • See Matter of Vapor Tech. Assn. v Cuomo, 66 Misc. 3d 800 (2020)
  • Andrew Cuomo is abusive and a degenerate—Just ask Lindsey Boylan (you know… before she wind up like a Clinton Witness)

Sometimes, there really seems like March 2020 was basically the creation of a brand new world.

In what seems to be like a lifetime ago—way back in January 2020, there was a similar situation involving excessive overreach by our Emperor, but as it concerned “e-liquids” or “electronic cigarettes.” This was the central issue in the case known as In Re Matter of Vapor Tech. Assn. v Cuomo, 66 Misc. 3d 800.

In Vapor Tech, this matter came out of an emergency Executive Order (EO), to ban the sale of flavored electronic cigarettes in New York State. This was part of his initiative to combat the increasing number of youths using vape products. Basically, the argument was that these large e-cigarette companies market delicious flavors that are intended to get children addicted to nicotine.

Just a side bar—you notice a common pattern here—(1) the Emperor is disturbed about something and has a little sand in his asshole; (2) he contends that whatever he wants to do, it is of course, for YOUR safety, and the SAFETY OF THE CHILDREN (what a noble guy); (3) once he gets you on board, he shits all over you by just implementing just those policies which got the sand out of his asshole, but never really address the issue YOU were originally on board with; and (4) he relies on your complacency and your acceptance of what has occurred, and relies on you to say “oh well… at least he is doing [INSERT NOBLE CAUSE HERE TO MAKE YOURSELF FEEL BETTER]”

Anyway, back to the story…

Of course, in his usual Emperor Scumbag fashion, he only used nicotine as an olive branch to get people on his side, then he drops the hammer, and extends it to flavored e-liquids regardless of “whether the liquid contains nicotine or not” (See 10 NYCRR § 9-2.1b). Additionally, the ban did not apply to e-liquids that are tobacco flavored, menthol flavored, or flavorless (§ 9-2.1b).

Matter of Vapor Tech. Assn. v Cuomo, 66 Misc. 3d 800, 803, 118 N.Y.S.3d 397, 399, 2020 N.Y. Misc. LEXIS 136, *4, 2020 NY Slip Op 20012, 3, 2020 WL 239128

Sooooo…. The original intention was to combat kids becoming addicted to nicotine since the liquids were supposed to contain nicotine, however (1) it applied to liquids that did NOT contain nicotine; and even more stupid, and (2) it outright did not apply to those e-liquids that were tobacco or menthol flavored. So in one swoop, this law (a) overreached beyond its original intent and (b) encouraged exposure to those who actually enjoy the taste of the menthol or tobacco (believe it or not, people LOVE the taste of Skoal, even unflavored), thus, likely creating MORE people addicted to nicotine.

The answer should be obvious, right? It is because him and his progressive, big communist party members aren’t getting funding in the millions by the eCigarette companies but rather, good ol’ Big Tobacco. Big Tobacco donates a ton of money each year to these oppressive overlords, and of course, the Emperor likely needed some money to put in his ex-girlfriends’ pocket while she was on her way out (she must have been looking to lose that Corona 20 that people are frustrated with) and moving on to better things.

I digress… marching on!

Vapor Tech fought back and asserted that the regulation at issue, if enforced, would render it impossible for their businesses to continue operation in New York. Why? Simple, the 90% of the e-liquids that the businesses sold at the time would fall into the banned 90% and as such, would only be able to sell 3% of their product overall.

The Emperor, in his typical conclusory fashion with no data, stated that the unavailability of the banned flavored e-liquids will simply cause a commensurate increase in the demand for those e-liquids not subject to the ban. So basically, you kill 90% of the available supply, and miraculously, they will just simply gravitate to what is available, which also happens to be PRO TOBACCO AND PRO NICOTINE!

Of course, to these Big Government DICKtators, “All [things like]…tastes … are really designed to sustain the mystique of the Government and prevent the true nature of present-day society from being perceived.” In other words, you will gravitate to whatever taste the government desires, as is the nature of your perception—whatever the government wants (1984 reference—considering we live in this world today)

So here is the challenge.

Vapor Tech – Your draconian rules make it impossible to do   business in NYC since you all but kill 90% of the product line. We will only have like 3 products.

The   Emperor – The ban is only going to work on adolescents. Plus   Vapor Tech failed to produce evidence to show adults would stop purchasing   the remaining products.

Can you see the bullshit already? See what the Emperor did here—the Emperor is trying to put the burden on Vapor Tech, to SHOW why adults would stop purchasing the products.

But see—wayyyyyyyyyyyyyyy back in January 2020, when there was some sense left—and not just media hysteria and a tyrannical government, the Court snubbed the Tricky Little DICKtator, and reminded him that in a world with a SEPARATION OF POWERS, the Executive Branch doesn’t MAKE LAW, the Legislature does.

“The concept of   separation of powers is the bedrock of the system of government adopted   by this State in establishing three coordinate and coequal branches of   government, each charged with performing particular functions”. The   “constitutional principle of separation of powers . . . requires that   the legislature make the critical policy decisions, while the executive   branch’s responsibility is to implement those policies”. In the present   case, the Council overstepped its authority in adopting the emergency   regulation, as the regulation creates out of whole cloth the very policy it   seeks to implement.

The Court went on to say that this was a POLICY DECISION, which is NOT to be made by the Executive branch:

One of the natural   questions that arise at this juncture is whether tobacco- and   menthol-flavored e-liquids have somehow been eliminated from the list of   substances shown to cause the spate of pulmonary diseases that prompted the   adoption of the emergency regulation. Yet the record developed on this motion   shows no evidence to support such a conclusion. Rather, there appears to be a   policy decision implicit in this carve-out: that the risks of contracting   pulmonary disease by vaping tobacco- or menthol-flavored e-liquids are   outweighed by some other, unstated factor. This implies that the Council has encroached on the legislative   prerogative of policy-making.

To put it bluntly:

The Executive Branch Has Encroached on the Legislative Policy-making Process.

The Court was frustrated that the Executive Agency wrote on a clean slate, creating its own comprehensive set of rules without benefit of legislative guidance.

Equally indicative of a   violation of the separation of powers doctrine is that the Council “did   not merely fill in the details of broad legislation describing the over-all   policies to be implemented” but instead “wrote on a clean slate,   creating its own comprehensive set of rules without benefit of legislative   guidance”. The emergency regulation is less an effort at filling in the   blanks left by broad legislation and more an attempt to set a State policy   strictly limiting the availability of vaping products in New York. This is   action reserved constitutionally to the Legislature and not to the executive   branch (nor, for that matter, to the judiciary).

The Court went on to cite a bunch of cases in which they had a huge issue with a variety of Administrative Bodies encroaching on the legislative powers reserved exclusively to the State, Legislature, City Counsel and City Charter. The Court stated, “By choosing between public policy ends . . . the agency engaged in law-making beyond its regulatory authority”

So to wrap up this rant, I have recently come across a whole slew of cases, which apparently do not exist anymore and have no more legal weight since January 2020, in which the Courts of New York have been slapping down the Emperor and his cronies, over and over again, holding that EMERGENCY REGULATION VIA EXECUTIVE ORDERS THAT SET POLICY LIMITS AND POLICY MAKING RULES ARE PROHIBITED AND IS REALLY SET FOR THE LEGISLATURE. 

But then again—the Emperor rules unchecked. Meh, he has no time for this silliness anyway—too busy sexually harassing former employees. And to think… we all thought Trump was the one “grabbin’ em by the….”  well… you know…

Your line up of case law is provided below.

Yours in love, law and lifts.

The Most Jacked Attorney in NYC.