David Hurd

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David N. Hurd is a federal judge for the United States District Court for the Northern District of New York. He joined the court in 1999 after being nominated by President Bill Clinton (D).^[1]^[2]

On November 1, 2021, Hurd announced that he would assume senior status upon the confirmation of his successor.^[3]

Biography

Education

Born in Hancock, New York, Hurd graduated from Cornell University with his bachelor's degree in 1959 and later from Syracuse University College of Law with his J.D. in 1963.^[2]

Professional career

From 1963 until 1966 Hurd was an associate at several private practice firms.^[1] He served as a part-time Oneida County Assistant District Attorney from 1966 until 1967, when he joined the law firm of O’Shea, Griffin, Jones & McLaughlin as an associate. In 1970 Hurd became a partner in the firm of O’Shea, Griffin, McDonald, Hurd & Stevens and remained there until becoming a United States Magistrate Judge for the Northern District of New York in 1991.^[1]

Judicial career

Northern District of New York

Hurd was a Federal Magistrate Judge for the Northern District of New York. Hurd was appointed to an eight-year term in 1991.^[2]

On the recommendation of U.S. Senator Daniel Patrick Moynihan, Hurd was nominated to the United States District Court for the Northern District of New York by President Bill Clinton on February 12, 1999, to a seat vacated by Constantine Cholakis, as Cholakis was assumed senior status. Hurd was confirmed by the U.S. Senate on September 13, 1999, on a majority vote and received commission on September 22, 1999.^[4]

Noteworthy cases

Dr. A. v. Hochul (2021)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

Dr. A. v. Hochul: On October 12, 2021, a federal judge ruled in favor of a group of 17 healthcare workers seeking religious exemptions to New York's COVID-19 vaccine mandate. Judge David Hurd, of the U.S. District Court for the Northern District of New York, issued a preliminary injunction barring the New York State Department of Health "from interfering in any way with the granting of religious exemptions from Covid-19 vaccination going forward or with the operation of exemptions already granted." In their complaint, the healthcare workers argued that their religious beliefs forbade them from consenting to inoculation with any vaccines "that were tested, developed or produced with fetal cell lines derived from procured abortions." They argued that the mandate, absent a religious exemption, violated protections provided under Title VII of the Civil Rights Act of 1964, New York State's Human Rights Law, and the U.S. Constitution. In his order, Hurd, a Bill Clinton (D) appointee, noted that the mandate had been amended to eliminate a previously permitted religious exemption. Hurd said, "[T]his intentional change in language is the kind of 'religious gerrymander' that triggers heightened scrutiny," Hurd concluded that the "plaintiffs [were] likely to succeed on the merits of this constitutional claim" and were, therefore, entitled to an injunction. Hurd said that his order did not address "whether plaintiffs and other individuals [were] entitled to a religious exemption from the State’s workplace vaccination requirement," but rather whether they had the "right to seek a religious accommodation from their individual employers." Hurd had previously blocked the mandate’s enforcement against those claiming religious exemptions on an emergency basis, granting the plaintiffs a temporary restraining order against the state on September 14, 2021. Hurd’s October 12 injunction extended that earlier order. Gov. Kathy Hochul (D) said, "I stand behind this mandate, and I will fight this decision in court to keep New Yorkers safe."^[5]^[6]^[7]

Page v. Cuomo (2020)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

Page v. Cuomo: On August 11, 2020, Judge David Hurd, of the U.S. District Court for the District of Northern New York, dismissed a lawsuit challenging Governor Andrew Cuomo’s (D) executive order requiring travelers entering New York from states with high COVID-19 infection rates to self-quarantine. Arizona-resident Cynthia Page brought the suit after she was forced to cancel a planned trip to Brooklyn, New York, because she could not fulfill the quarantine requirements. In her complaint, Page argued that the mandatory quarantine violated her Fourteenth Amendment rights to equal protection and due process. Page also argued that the quarantine requirement violated the Privileges and Immunities Clause, which guarantees legal protections related to national citizenship, such as the right to interstate travel. Hurd rejected these arguments: "The state is not drawing a distinction between residents and non-residents but between individuals with and without a mathematically heightened risk of spreading COVID–19." He added that, even if the order "infringed her liberty interest in the right to travel, the COVID–19 pandemic is precisely the scenario for which emergency action would be expected." Page filed a notice of appeal in the U.S. Court of Appeals for the Second Circuit.^[8]^[9]^[10]