See how they see it when Trump is the elephant in the room.
ALBANY, N.Y. — Elephants are not human beings with constitutional rights, the New York State Court of Appeals ruled on Tuesday.
The advocacy group had argued that the situation amounted to a cruel confinement. And Happy, as an intelligent being, should be able to sue under habeas corpus rights against improper detention.
“No one disputes the impressive capabilities of elephants,” Chief Judge Janet DiFiore wrote in the majority 5-2 decision. But, she wrote, “nothing in our precedent or, in fact, that of any other state or federal court, provides support for the notion that the writ of habeas corpus is or should be applicable to nonhuman animals.”
Happy the elephant at Bronx Zoo is not a person, New York’s top court rulesTwo of the court’s seven judges dissented, saying Happy should be afforded a better life.
“Historically, the Great Writ of habeas corpus was used to challenge detentions that violated no statutory right and were otherwise legal but, in a given case, unjust,” Judge Rowan Wilson wrote.