Supreme Court Denies Review of Challenge to New York Election Law

Brewer, Attorneys & Counselors say federal constitutional claims can now move forward

Mar. 24, 2026 at 5:03am

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The United States Supreme Court has denied review of the state court challenge to New York's Even Year Election Law (EYEL). This clears the way for a coalition of counties, local candidates, and voters to pursue their federal constitutional claims against the law in the U.S. District Court for the Eastern District of New York.

Why it matters

The denial of certiorari by the Supreme Court removes a key obstacle that had been delaying the federal case against the EYEL. Plaintiffs, represented by Brewer, Attorneys & Counselors, argue the law is unconstitutional and are seeking expedited resolution of their claims.

The details

The state had been using the petition for review of the state court proceedings to interfere with the federal case. With that strategy now exhausted, the plaintiffs can move forward with their federal claims, which they say have never been heard on the merits.

  • On March 23, 2026, the U.S. Supreme Court denied review of the state court challenge to New York's Even Year Election Law.

The players

Brewer, Attorneys & Counselors

A law firm representing a broad coalition of counties, local candidates, and voters in a federal lawsuit challenging the constitutionality of New York's Even Year Election Law.

William A. Brewer III

A partner at Brewer, Attorneys & Counselors and the lead counsel for the plaintiffs in the federal lawsuit.

New York Republican State Committee et al.

The plaintiffs in the federal lawsuit, which includes a broad coalition of counties, local candidates, and voters.

Kathy Hochul

The Governor of New York, named as a defendant in the federal lawsuit.

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What they’re saying

“Today's action by SCOTUS removes a hurdle to the efforts of our Plaintiffs to move their claims forward. The State rested its defense strategy on delay – by using the Petition for review of the state court proceedings to interfere with our case. That strategy has now run its course. There is no longer any reason to delay expedited resolution of the Constitutional claims presented in our matter. We represent a coalition of plaintiffs whose federal claims have never been heard on the merits — and we look forward to changing that before Judge Brown.”

— William A. Brewer III, Partner, Brewer, Attorneys & Counselors

What’s next

Brewer, Attorneys & Counselors will ask the U.S. District Court for the Eastern District of New York to set new dates for a pre-motion conference in the federal lawsuit, which was previously adjourned pending the Supreme Court's action. The plaintiffs say they will respond promptly.

The takeaway

This decision by the Supreme Court clears the way for the federal constitutional claims against New York's Even Year Election Law to be heard on the merits. It marks a significant development in the ongoing legal battle over the law, which has faced challenges from a diverse coalition of plaintiffs.