FKSA served as of counsel on an amicus brief submitted to the Supreme Court of the United States by former New York City mayor Edward I. Koch in New York State Board of Elections v. Lopez Torres , No. 06-766 . The initial appeal in Lopez Torres arose out of the issuance of a preliminary injunction against the use of the convention system to elect New York Supreme Court Justices, which was based on a finding that there was a substantial likelihood that the system violated the First Amendment rights of voters and candidates. The Second Circuit affirmed the decision of the District Court. A copy of the opinion is here. The U.S. Supreme Court granted certiorari in February 2007. Oral arguments will be in the Court's 2007 term. In his amicus brief to the Supreme Court, Mayor Koch drew upon his varied political experiences to express support for the affirmance of the order and decision of the Second Circuit.