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NATIONAL ORGANIZATION FOR MARRIAGE, INC. v. WALSH

Docket No. 10-4572-cv.

714 F.3d 682 (2013)

NATIONAL ORGANIZATION FOR MARRIAGE, INC., Plaintiff-Appellant, v. James WALSH, in his official capacity as co-chair of the New York State Board of Elections, Douglas Kellner, in his official capacity as co-chair of the New York State Board of Elections, Evelyn Aguila, in her official capacity as commissioner of the New York State Board of Elections, Gregory Peterson, in his official capacity as commissioner of the New York State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 22, 2013.

Attorney(s) appearing for the Case

Randy Elf ( James Bopp, Jr. , Jeffrey P. Gallant , Austin J. Hepworth , James Madison Center for Free Speech, and Laurence Behr , Barth Sullivan Behr , Buffalo, NY, on the brief), James Madison Center for Free Speech, Terre Haute, IN, and as substitute counsel Kaylan L. Phillips , ActRight Legal Foundation, Washington, DC, and John C. Eastman , Center for Constitutional Jurisprudence, Orange, CA, for Plaintiff-Appellant.

Kenneth A. Manning ( Michael B. Powers , Craig R. Bucki , on the brief) Phillips Lytle LLP, Buffalo, NY, for Defendants-Appellees Douglas Kellner and Evelyn Aquila.

Justin E. Driscoll , Brown & Weinraub, PLLC, Albany, NY, for Defendants-Appellees James Walsh and Gregory Peterson.

Before: NEWMAN, HALL, Circuit Judges, PRESKA, Chief District Judge.

HALL, Circuit Judge.

Plaintiff-Appellant the National Organization for Marriage ("NOM") appeals from the judgment of the United States District Court for the Western District of New York (Arcara, J.) dismissing its amended complaint for lack of subject-matter jurisdiction. Contrary to the district court, we hold that NOM pleaded a ripe "case or controversy" necessary to confer Article III jurisdiction. Prudential considerations related to ripeness do not bar review...

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