Earlier this month, the U.S. Court of Appeals for the Second Circuit issued its opinion in Yang v. Kosinski, —F.3d.—, No. 20-cv-1494, 2020 WL 2820179 (2d Cir. June 1, 2020), affirming the preliminary injunction issued by Judge Analisa Torres of the U.S. District Court for the Southern District of New York, reinstating the New York Democratic presidential primary following the New York Board of Elections’ (the board) decision to effectively cancel it in light of the COVID-19 pandemic. The opinion was written by Circuit Judge José Cabranes and joined by Circuit Judges Amalya L. Kearse and Dennis Jacobs. The court ruled that the fundamental First Amendment rights of speech and association took precedence over the public safety and financial concerns cited by the board. Foreshadowing potential legal battles as the November general election approaches, the Second Circuit’s decision is an initial indicator of how federal courts may address legal challenges regarding the intersection of elections and public safety concerns.

The Democratic Primary and Election Law Section 2-122-a(13)

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]