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Romeu v. Cohen

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Argued: October 30, 2000

Plaintiff, a U.S. citizen formerly domiciled in New York, now living in Puerto Rico, and desirous of voting in New York in the 2000 presidential election, brought action seeking (i) an order permitting him do so, and (ii) a judgment declaring that the Federal Uniformed and Overseas Citizens Absentee Voting Act and the New York Election Law violate, inter alia, the Equal Protection Clause of the U.S. Constitution in that they unfairly discriminate among U.S. citizens formerly domiciled in a State, allowing those who now reside overseas but not those who now reside in a U.S. territory to vote in a federal election held in their State of former domicile. The United States District Court for the Southern District of New York, Shira A. Scheindlin, J., dismissed the complaint for failure to state a claim on which relief could be granted, and plaintiff appealed. The Court of Appeals, Leval, Circuit Judge, affirms. Chief Judge Walker joins the opinion and writes a separate concurrence.

Judgment affirmed.

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