Sunday, December 26, 2021

SAM Party of NY Replied to Summary Judgment Motion But Now It Is Granted

 

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Dec 23 – In the shadows of challenges to New York State's on-again, off-again June 23 primary, the SAM Party of New York has sued for its right to be on the ballot even if it does not field a U.S. presidential candidate.

 On May 21, 2020 U.S. District Court for the Southern District of New York Judge John G. Koeltl held a hearing in the case, and Inner City Press covered it, see below.

 On June 8, 2020 there was another hearing in the case, this time related to a case by the Working Families Party. The hearing, also covered by Inner City Press, was almost entirely procedural. "The time to respond to the motions for a preliminary injunction is July 3, with replies by July 24, courtesy copies to be delivered to the Courthouse promptly after July 24."

 On September 1, 2020 this ruling: "Both the SAM Party and the WFP have moved for a preliminary injunction to enjoin the application of the party qualification requirements. Because the SAM Party and the WFP plaintiffs have failed to demonstrate that allowing the amended party qualification requirements to take effect would violate their Constitutional rights, otherwise cause irreparable harm to the plaintiffs, or be against the public interest, their motions are denied."

   On March 10, 2021 Judge Koeltl held another proceeding in the cases. Plaintiffs counsel said they still deserve discovery.

On July 6, Judge Koeltl held another conference and Inner City Press again covered it. This time he said the SAM Party and the Libertarian Party had to respond in opposition to summary judgment.

On December 21, 2021, Judge Koeltl held an oral argument on the case(s), and Inner City Press again covered it. A plaintiff said that a political system dominated by celebrities and billionaires is a serious problem. Judge Koeltl thanks all sides for their argument and said he would take it all under advisement.

The next day Judge Koeltl issued a 37 page order granting summary judgment in this and related cases, stating among other things that "there is no 'severe burden' on the plaintiffs because political organizations that do not qualify as parties can place candidates on the ballot by independent nominating petitions."

The case is SAM Party of New York et al v. Cuomo et al., 20-cv-323 (Koeltl).

sdny 

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