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While that is generally true, Judge Wesley wrote, a large exception is made where there is a "substantial state concern".
Absent a substantial state interest, such as a finding of abuse or neglect, courts should not be dictating private parental choices.
He added that if every cross-border transaction created a substantial state interest, "the borders might as well be abolished, and the state can just run everything".
A substantial state sector and fairly comprehensive social welfare programs were created from the petroleum profits, while the private sector expanded rapidly.
Their main argument is that the requirements of the home-rule provision do not apply when the laws in question serve a "substantial state concern".
The justice, R. Bruce Cozzens Jr., ruled that the tax did not "serve a substantial state interest," and therefore violated the State Constitution.
Similar(48)
But the Court of Appeals found that the law "addresses a matter of substantial state concern".
"Clearly, a tax paid only by New York State residents who live outside New York City is a matter of substantial state concern," he wrote.
State courts have repeatedly held that local economic issues can have implications so broad that they become a matter of substantial state interest, he said.
Both of the recent decisions invoking home rule issues hinged on whether the issue being addressed was a matter of "substantial state concern".
Justice Engoron was dismissive of both points and concluded that "as a matter of history and common sense," New York City taxicab service is not a matter of substantial state concern.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com