Steven Brooks vs. the Legislature

This was inevitable, I suppose.

Embattled Assemblyman Steven Brooks has filed a brief, though his attorney Mitchell Posin, with the state Supreme Court, arguing he cannot be banned from doing his job. This was always a danger when lawmakers moved so swiftly to create a select committee, give ChairmanWilliam Horne absolute power and then immediately banish an elected official from the place where he is supposed to do his elected business.

Posin's argument distilled: Lawmakers imposed an "extra-constitutional" penalty on Brooks. Posin uses the infamous Adam Clayton Powell exclusion case to argue Brooks is immune from what the committee has done.

I have posted the writ here.

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