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).
***
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