Clarke v. Town of Newburgh
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State trial ct. II
Opinion striking NY voting rights act
State app. ct. II
Opinion reversing trial ct.
Case Information
State court challenge of Newburgh’s at-large voting system under New York’s state voting rights act; the town defended the case by claiming that the state voting rights act violated the U.S. Constitution.
On Nov. 7, 2024, the trial court held that the state voting rights act was unconstitutional, because it required unequal treatment on the basis of race and did not satisfy strict scrutiny.
On Jan. 30, 2025, on appeal, the court reversed, holding that the town had not established that the state voting rights act would force it to violate the U.S. Constitution. The case is now being appealed to the state supreme court (called the N.Y. Court of Appeals).
History
Case filings, starting with most recent courtName | Last Modified | ||
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Complaint (incl. exhs.) | Mar 26, 2024 | |
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Motion to dismiss (incl. exhs.) | Apr 16, 2024 | |
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Opposition (incl. exhs.) | Apr 25, 2024 | |
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Amicus brief of NY Att'y Gen. | Apr 30, 2024 | |
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Reply | May 1, 2024 | |
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Order denying motion to dismiss | May 17, 2024 |
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Notice of appeal | May 24, 2024 |
Name | Last Modified | ||
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Record on appeal | Jul 17, 2024 | |
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Town's brief | Jul 17, 2024 | |
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Plaintiffs' opposition | Jul 31, 2024 | |
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Reply | Aug 7, 2024 | |
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Amicus brief of NY Att'y Gen. | Aug 15, 2024 | |
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Opinion affirming trial ct. | Jan 30, 2025 |
Name | Last Modified | ||
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Town's motion for summ. judg. (incl. exhs.) | Sep 25, 2024 | |
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Plaintiffs' opposition | Oct 10, 2024 | |
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Amicus brief of ACLU of S. Cal. et al. | Oct 11, 2024 | |
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Reply (incl. exhs.) | Oct 17, 2024 | |
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Opinion striking NY voting rights act | Nov 7, 2024 |
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Notice of appeal | Nov 11, 2024 |
Name | Last Modified | ||
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Plaintiffs' brief | Nov 26, 2024 | |
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NY Att'y Gen. brief | Nov 26, 2024 | |
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Amicus brief of Campaign Legal Ctr. et al. | Nov 27, 2024 | |
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Amicus brief of NAACP LDF | Nov 27, 2024 | |
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Town's brief | Dec 5, 2024 | |
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Amicus brief of Cheektowaga | Dec 9, 2024 | |
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Amicus brief of Mt. Pleasant | Dec 6, 2024 | |
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Plaintiffs' reply | Dec 9, 2024 | |
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Att'y Gen. reply | Dec 9, 2024 | |
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Opinion reversing trial ct. | Jan 30, 2025 |
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Notice of appeal | Feb 18, 2025 | |
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Order certifying case to state sup. ct. | May 23, 2025 |
Name | Last Modified | ||
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Order on return from app. ct. | May 12, 2025 | |
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Order denying summ. judg. to town | May 12, 2025 | |
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Notice of appeal | May 14, 2025 | |
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Order transferring case to Westchester | May 15, 2025 | |
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Notice of appeal | May 16, 2025 |
Name | Last Modified | ||
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Order dismissing appeal | May 23, 2025 |