Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.

Democratic presidential primary candidate Sen. Bernie Sanders (I-Vt.) held his first presidential campaign rally with more than 10,000 in attendance at Brooklyn College. (Photo: Lev Radin/Pacific Press/LightRocket via Getty Images)

'Democracy Has Prevailed': Federal Court Rules NY Primary Must Go Forward With Sanders, Yang, and Others on Ballot

"The 2nd Circuit Court of Appeals today confirmed what we knew: the state of New York acted illegally in trying to cancel the Democratic presidential primary."

Jake Johnson

A federal court on Tuesday rejected an appeal by the New York Board of Elections and ruled the state's Democratic presidential primary must take place on June 23 as scheduled, a decision that supporters of Sen. Bernie Sanders and Andrew Yang celebrated as a win for democracy.

"We expect New York to work to make voting safe, rather than wasting taxpayer money trying to disenfranchise New York voters."
—Faiz Shakir, campaign manager for Sen. Bernie Sanders

The U.S. Court of Appeals for the Second Circuit upheld District Court Judge Analisa Torres' May 5 ruling that ordered New York to restore Sanders, Yang, and other Democratic presidential candidates to the ballot after state election officials voted to remove them last month.

Yang and seven other New York residents sued the state Board of Elections over the decision on April 28.

"The removal of presidential contenders from the primary ballot not only deprived those candidates of the chance to garner votes for the Democratic Party's nomination," Torres wrote, "it deprived Democratic voters of the opportunity to elect delegates who could push their point of view in that forum."

Douglas Kellner, co-chair of the New York Board of Elections, said in a statement after Tuesday's ruling that there are no plans to file an appeal with the Supreme Court.

Faiz Shakir, Sanders' campaign manager, said the ruling "confirmed what we knew: the state of New York acted illegally in trying to cancel the Democratic presidential primary."

"With today's decision, which affirmed the District Court's recent ruling, we expect New York to work to make voting safe, rather than wasting taxpayer money trying to disenfranchise New York voters," said Shakir. "This ruling is a victory for democracy. Congratulations go to Andrew Yang, his delegates, and our delegates for standing up to this abuse of power."

Yang celebrated the ruling on Twitter.

"Thrilled that democracy has prevailed for the voters of New York!" Yang tweeted.

New York election officials claimed the effort to cancel the presidential primary was driven by concerns about spreading Covid-19, but critics said that justification did not make sense given that down-ballot races are still scheduled to take place on the same day.

"One can't help but see this as the New York Board of Elections trying to protect machine Dems from insurgent progressive primary challengers," Stephen Wolf of Daily Kos wrote last month.

Fordham University law professor Zephyr Teachout, a Sanders supporter, tweeted that Tuesday's ruling affirms that "you can't just say 'pandemic' and give away unconstrained power to change ballot rules."

"Good," said Teachout.


Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.

Dems Sound Alarm as Key US Vaccine Agency 'Running Out of Money'

"We cannot afford to waste another moment and risk the emergence of yet another, even more dangerous variant," Democratic lawmakers write in a new letter.

Jake Johnson ·


UN Officials Warn of 'Record-Shattering Month' for Civilian Deaths in Yemen

Following deadly strikes by the Saudi-led coalition, Oxfam is calling on the U.N. Security Council to condemn attacks on Yemenis and to "inject new urgency" into peace talks.

Jessica Corbett ·


Experts Say Nuclear Energy as Climate Solution Is Total 'Fiction'

"The reality is nuclear is neither clean, safe, or smart; but a very complex technology with the potential to cause significant harm."

Jessica Corbett ·


Air and Water Under Threat as SCOTUS Targets Environmental Laws

"It seems like we have a new conservative supermajority on the court that is much more inclined to do a slash-and-burn expedition through our major environmental laws."

Julia Conley ·


'Historic Turning Point': Cuba Issues Plan for Vaccine Internationalism

"This lifesaving package," said the head of Progressive International's delegation to Cuba, exemplifies public health and science being "placed above private profit and petty nationalism."

Kenny Stancil ·

Support our work.

We are independent, non-profit, advertising-free and 100% reader supported.

Subscribe to our newsletter.

Quality journalism. Progressive values.
Direct to your inbox.

Subscribe to our Newsletter.


Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit | Privacy Policy
Common Dreams Logo