# Cunningham v. Bronx County Democratic Executive Committee

> District Court, S.D. New York · April 22, 1976 · 420 F. Supp. 1004

URL: https://www.frixlaw.com/law-library/cases/8838641

## Case

- **Full name:** Patrick J. CUNNINGHAM v. BRONX COUNTY DEMOCRATIC EXECUTIVE COMMITTEE
- **Court:** District Court, S.D. New York
- **Decided:** April 22, 1976
- **Citations:** 420 F. Supp. 1004; 1976 U.S. Dist. LEXIS 15458
- **Precedential status:** Published
- **Opinion:** Concurrence by Mansfield
- **Judges:** Kaufman, Mansfield, Tenney
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8838641

## Opinion text

MANSFIELD, Circuit Judge
(concurring):
Were this a case of first impression, the Attorney General’s arguments might be persuasive. But in light of the firmly settled Supreme Court case law on the constitutional issue, I subscribe to Judge Tenney’s clear-cut, carefully considered statement of what we hold and to Chief Judge Kaufman’s further explication of what we do not hold.
Though the result may not yield to popular hue and cry, it adheres to the rule of law by which we are all bound. “If the provisions of the Constitution be not upheld when they pinch as well as when they comfort, they may as well be abandoned.” Home Building & Loan Assn. v. Blaisdell, 290 U.S. 398, 483 , 54 S.Ct. 231, 256 , 78 L.Ed. 413, 452 (1934) (Sutherland, J., dissenting).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8838641. Public record. Not legal advice.