New York Court of Appeals Roundup: Habeas Relief Not Applicable to Non-Human Animals
07.20.22
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In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III discuss Matter of Nonhuman Rights Project v. Breheny, in which a five-judge majority led by Chief Judge Janet DiFiore determined that writs of habeas corpus only protect the liberty rights of human beings and are not available to animals regardless of their respective level of functional intelligence. Judges Wilson and Rivera each submitted a dissent in which they argued that autonomous beings with substantial cognitive abilities, such as the elephant at issue in this case, are entitled to the protections that the writ has historically provided.
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