KALSON v. PATERSON

Docket No. 07-1243-cv.

542 F.3d 281 (2008)

Michael KALSON, Plaintiff-Appellant, v. David A. PATERSON in his official capacity as the Governor of State of New York; James A. Walsh, Douglas A. Kellner, Evelyn J. Aquila, and, Gregory P. Peterson, in their official capacities as Commissioners of the New York State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2008.


Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, NY, for Petitioner-Appellant.

Michelle Aronowitz, Deputy Solicitor General (Barbara D. Underwood, Solicitor General, and Richard Dearing, Assistant Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY.

Before: CALABRESI and B.D. PARKER, Circuit Judges, GOLDBERG, Judge of the Court of International Trade, sitting by designation.


CALABRESI, Circuit Judge:

I. Introduction

Article I of the U.S. Constitution establishes "the principle of a House of Representatives elected `by the People,' a principle tenaciously fought for ... at the Constitutional Convention." Wesberry v. Sanders, 376 U.S. 1, 8, 84 S.Ct. 526, 11 L.Ed.2d 481 (1964). There is, however, "no `We the People' independent of the way the law constructs democracy." Samuel Issacharoff,...

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