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MOE v. DINKINS

No. 454, Docket 80-7676.

635 F.2d 1045 (1980)

Maria MOE, Raoul Roe, and Ricardo Roe, an infant by his father, Raoul Roe, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. David DINKINS, individually and as City Clerk of New York City, on behalf of himself and all town and city clerks in New York State, and David Axelrod, individually, and as New York State Commissioner of Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 9, 1980.

Attorney(s) appearing for the Case

Janet M. Calvo, New York City (Washington Square Legal Services, Inc., of counsel), for plaintiffs-appellants.

Robert Abrams, Atty. Gen. of the State of New York, New York City (Robert J. Schack, Asst. Atty. Gen., George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for defendant-appellee Axelrod.

Allen G. Schwartz, Corp. Counsel of the City of New York, New York City (June A. Witterschein, New York City, of counsel), for defendant-appellee Dinkins.

Before KAUFMAN and TIMBERS, Circuit Judges, and PIERCE, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

Federal adjudication of constitutional challenges to state statutes is an arduous task, for the delicate balance between federal and state power must be crafted with a sensitivity responsive to their respective authorities. The Constitution and Congress equip federal courts with authority to void state laws that transgress federal civil rights, but comity toward state sovereignty counsels the power be sparingly used. Accordingly,...

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