Clarke v. Town of Newburgh
New York Court of Appeals held local government could not assert state or federal equal protection challenge to the vote dilution provision of the state’s Voting Rights Act. The court found the state’s longstanding rule that municipalities cannot sue to invalidate state statutes applied, and the plaintiff’s challenge did not fall within a narrow exception for when compliance with legislation would force the municipality to violate the constitution.
Related Commentary
State Court Oral Arguments to Watch for in October
Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.