United States Second Circuit
Monserrate v. N.Y. State Senate, 10-0604
In an action seeking a preliminary injunction that would have unwound the expulsion of state senator Hiram Monserrate from the New York State Senate, denial of the injunction is affirmed where: 1) assuming that Monserrate's expulsion burdened constitutional rights related to voting and political association, any such burden was justified by the state interest in maintaining the integrity of the Senate; 2) it would be anomalous to rule that the Constitution prohibits a state legislature from exercising, in the regulation of its internal affairs, a latitude comparable to that expressly allowed to Congress; and 3) the availability of adequate process defeated plaintiffs' "stigma-plus" claim.
Appellate Information
- Decided 03/16/2010
- Published 03/16/2010
Judges
Court
- United States Second Circuit