David N. Hurd

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David N. Hurd
Judge of the United States District Court for the Northern District of New York
Assumed office
September 22, 1999
Appointed byBill Clinton
Preceded byConstantine George Cholakis
Magistrate Judge of the United States District Court for the Northern District of New York
In office
1991–1999
Personal details
Born (1937-05-09) May 9, 1937 (age 84)[1]
Hancock, New York, U.S.
EducationCornell University (BS)
Syracuse University College of Law (JD)

David N. Hurd (born May 9, 1937) is a United States District Judge of the United States District Court for the Northern District of New York.

Education and career[]

Hurd was born in Hancock, New York. He received a Bachelor of Science degree from Cornell University in 1959. He received a Juris Doctor from Syracuse University College of Law in 1963. He was in private practice of law in Utica, New York from 1963 to 1991. He was an assistant district attorney (part-time), Oneida County District Attorney's Office from 1966 to 1967.

Federal judicial service[]

Hurd served as a United States Magistrate Judge of the United States District Court for the Northern District of New York from 1991 to 1999.

Hurd is a United States District Judge of the United States District Court for the Northern District of New York. Hurd was nominated by President Bill Clinton on February 12, 1999, to a seat vacated by Constantine George Cholakis. He was confirmed by the United States Senate on September 13, 1999, and received commission on September 22, 1999.

Notable cases[]

On February 20, 2003, Hurd ruled that New York authorities cannot punish a state trial judge for political activity. Albany judge Thomas J. Spargo had handed out doughnuts and gasoline coupons during his campaign, bought drinks for voters, spoke at political fundraising rallies, and loudly protested against the 2000 election recount process in Florida. However, Hurd said he had no opinion on whether Spargo's actions "would bring disrespect to the judiciary". Hurd cited Republican Party of Minnesota v. White in his ruling.[2]

On March 22, 2019, Hurd ruled that New York's ban on stun guns is unconstitutional.[3]

In August 2020, Hurd ruled that a mandatory 14-day quarantine for travelers entering New York from states that have high rates of COVID-19 is constitutional.[4]

In May 2021, in a suit between the Cayuga Nation of New York and the village of Union Springs, New York, Hurd ruled that a local ordinance that banned gambling in a village was preempted by the federal Indian Gaming Regulatory Act. This ruling was affirmed by the United States Court of Appeals for the Second Circuit soon after.[5][6]

In June 2021, Hurd was removed from a criminal case by a 3-judge panel in the Second Circuit, who ruled that he improperly forced prosecutors to move for a lighter sentence.[7]

On September 14, 2021, Hurd blocked a state vaccination mandate for health care workers from being enforced against those workers claiming religious exemptions, under the First Amendment right to freedom of religion.[8] He later invited the state to appeal his ruling due to the importance of the case.[9] On appeal, the Second Circuit vacated his injunction,[10] and the Supreme Court of the United States refused to hear appeals to the Second Circuit's ruling.[11]

Other activities[]

He is a contributing member of the Honor Roll of ILR Donors [12] for Cornell University and has presided as a judge for the Cuccia Cup Moot Court Competition at Cornell Law School.[13]

See also[]

References[]

  1. ^ Biographical Directory of the Federal Judiciary
  2. ^ Liptak, Adam (February 22, 2003). "Judges Mix With Politics". The New York Times. ISSN 0362-4331. Retrieved September 14, 2021.
  3. ^ Chris Carola (March 22, 2019). "Judge says New York's stun gun ban is unconstitutional". ABC News. Retrieved September 14, 2021.
  4. ^ Lyons, Brendan J. (August 13, 2020). "Federal judge tosses woman's lawsuit challenging Cuomo's quarantine order". Times Union. Retrieved September 14, 2021.
  5. ^ Nina Pullano (May 25, 2021). "Court Likely to Block Village Rules Aimed at Cayuga Nation Casino". Courthouse News Service. Retrieved September 14, 2021.
  6. ^ Nina Pullano (July 27, 2021). "Cayuga Nation wins Second Circuit casino dispute". Courthouse News Service. Retrieved September 14, 2021.
  7. ^ "2nd Circuit Removes US Judge Who Pressed Government to Lower Sentence From Criminal Case". New York Law Journal. Retrieved September 14, 2021.
  8. ^ "Judge blocks medical worker vaccine mandate in NY state". Associated Press. September 14, 2021. Retrieved September 14, 2021.
  9. ^ Robinson, David (October 12, 2021). "Judge deals a blow to NY's COVID vaccine mandate for health care workers". Utica Observer Dispatch. Retrieved October 12, 2021.
  10. ^ Larry Neumeister (October 30, 2021). "US appeals court gives greenlight to NY's vaccine mandate". AP NEWS. Retrieved November 3, 2021.
  11. ^ Reporter, Ariane de Vogue, CNN Supreme Court. "Supreme Court declines to block New York vaccine mandate". CNN. Retrieved December 16, 2021.
  12. ^ http://www.ilr.cornell.edu/alumni/giving/honorRoll.html
  13. ^ Technologies, Instructional and Web Services, Cornell Information. "Cornell Law School: Event Details". www.lawschool.cornell.edu.

External links[]

Legal offices
Preceded by Judge of the United States District Court for the Northern District of New York
1999–present
Incumbent


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