U.S. District Court in Brooklyn is Hearing Oral Arguments Today in Special Election Case

U.S. District Court Judge Jack Weinstein is hearing oral arguments in Rossito-Canty v Cuomo on Friday morning, February 13. See this story. The issue is whether the U.S. Constitution requires Governor Cuomo to call a special election to fill the vacant U.S. House seat, 11th district. Check back for updates in a few hours. Here is a Courthouse News Service article that describes the arguments Governor Cuomo has made to the court in his written brief.

UPDATE: here is an account of the oral argument.

Here is an editorial in the Staten Island Advance, published February 12, which criticizes the Governor for having failed to set a date for the special election so far.

Virginia Libertarian Party Appeals Ballot Order Case

On February 12, the Virginia Libertarian Party filed notice of appeal in Sarvis v Judd, the lawsuit that challenges a Virginia law that always puts Democratic and Republican Party nominees at the top of the ballot. The U.S. District Court had upheld the law, even though the court found that being on the top of the ballot does provide an advantage. The court said states are permitted to discriminate against minor parties and independent candidates because states have an interest in bolstering the two dominant parties.