Posner v. Rockefeller

Petitioners, public office holders, citizens and taxpayers seek a judgment declaring chapter 603 of the Laws of 1973 (Act), unconstitutional. Preliminarily, they move for a temporary injunction to restrain respondent, the Governor of the State of New York, from appointing Judges of the Court of Claims pursuant to the Act.

Respondent cross-moves for a judgment dismissing the petition on a variety of grounds — that the court has no subject matter jurisdiction; petitioners do not have the legal capacity to sue, and lack standing; the legal insufficiency of the petition and lack of personal…