Washington, DC, Sept. 10, 2022 (GLOBE NEWSWIRE) — Judge Sonia Sotomayor has stayed an injunction by the New York County Supreme Court, issued in YU Pride Alliance, et al. v. Yeshiva University and President Ari Berman. The New Civil Liberties Alliance submitted amicus meager in support of the Yeshiva University Supreme Court’s motion for an emergency stay pending appeal of a court order to “immediately” authorize an official “Pride Alliance” student club. The NCLA argued that the constitutional damages resulting from the injunction are significant and could potentially last for years while the case reaches absolute finality. Denial of First Amendment rights, even for a short time, is irreparable harm and requires correction by the courts. The NCLA commends Judge Sotomayor for overturning the injunction and protecting the First Amendment rights of Yeshiva University and Yeshiva President Ari Berman.
In this case, the highest state Circuit Court of Appeals denied a party’s motion for leave to appeal against the refusal to stay such an injunction, and therefore, as the NCLA argued, the Supreme Court, following its precedent at 28 USC § 1257, the All Writes , Competent Act, 28 USC § 1651 and 28 USC § 2101. Because Yeshiva University’s First Amendment claims have been finally decided (and improperly dismissed) by New York courts, and because a proper resolution of those claims would fully resolve this matter, has the Supreme Court has held jurisdiction to hear a request for a stay or, alternatively, a petition for Certiori, and should exercise that jurisdiction to prevent an irreparable and gratuitous violation of Yeshiva University’s constitutional rights.
If Judge Sotomayor had not acted, Yeshiva University would not be able to teach their vision of Torah values. There was no avenue for interim relief outside the Supreme Court. The New York courts ignored the Supreme Court’s understanding of First Amendment doctrine in general and its recognition of the…
