 He then sued in federal district court, with his lawyer agreeing to a stipulation that Afroyim had in fact voted in Israel, but arguing that the statute under which this action had resulted in his losing his citizenship was unconstitutional.A federal judge of the United States District Court for the Southern District of New York rejected Afroyim's claim on February 25, 1966, concluding that "in the opinion of Congress voting in a foreign political election could import 'allegiance to another country' in some measure 'inconsistent with American citizenship'" and that the question of this law's validity had been settled by the Supreme Court's 1958 "Perez" decision.Afroyim appealed the district court's ruling against him to the Second Circuit Court of Appeals, which upheld the lower court's reasoning and decision on May 24, 1966.