The First Amendment dispute over New York state’s rejection of a “Choose Life” anti-abortion vanity license plate is headed back to Northern District Judge Northern District Judge David Hurd.
The U.S. Court of Appeals for the Second Circuit on Wednesday withdrew part of its May 22 opinion in the case of Children First Foundation, Inc. v. Fiala, 11-5199-cv. The opinion held New York’s license plate program, under which the Department of Motor Vehicles denied the “Choose Life” plate, was facially valid and the state did not violate the foundation’s constitutional rights (NYLJ, May 26).
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