On January 27, Judge Beth Robinson, a judge of the Second Circuit and a Biden appointee, ordered that the New York minor party appeals already filed can be consolidated with the new similar appeal filed by the same parties. The state of New York had tried to persuade the Second Circuit not to allow the consolidation. The issue in cases 21-1464, 22-44, and 21-139, all concern the hostile ballot access changes made in April 2020. The number of signatures for the statewide petition was tripled, and the vote test increased from 50,000 to (currently) approximately 170,000 votes.

If the consolidation had not been permitted, the minor parties would have had to do a great deal of work re-submitting evidence that has already been submitted.

One set of documents concerned injunctive relief, and the other set concerns declaratory relief.