Fourth Circuit Strikes Down Virginia Law that Lets Incumbents Dictate Nomination Method

On January 9, the Fourth Circuit issued a 24-page in Sixth Congressional District Republican Committee v Alcorn, 18-1111. The opinion strikes down the Virginia election law that lets incumbents who are running for re-election dictate to their own party, how that party nominates in that particular race. Generally parties in Virginia are free to choose primary or convention, but the law at issue curtailed the party of the power to choose, when the incumbent running for re-election didn’t agree with the party’s wishes. The decision is by Judge J. Harvie Wilkinson, a Reagan appointee. It is also signed by Judge Diana Gribbon Motz, a Clinton appointee; and Judge Allyson K. Duncan, a Bush Jr. appointee.

The opinion says, “The weight of this burden (on political parties) could not be more obvious. The members of the 6th Congressional District Committee have, as generations of Americans did before them, banded together to advance their political views…At the ‘crucial juncture’ at which the members of this political association decide how to select their nominee, the Commonwealth has taken the decision out of their hands. No matter what method of nomination the members of this party may prefer, Virginia law decrees that they must give way to the desire of the incumbent to hold a primary if that incumbent was himself selected by primary previously and is seeking reelection.”


Comments

Fourth Circuit Strikes Down Virginia Law that Lets Incumbents Dictate Nomination Method — 7 Comments

  1. First Amendment Freedom of Association.

    If anyone wants to read the opinion, click on the “Document (59)”. WordPress has changed itself so I don’t know how to make a smooth link, but the link is there.

  2. One more court perversion of the 1st Amdt —

    started by SCOTUS in 1968 — Williams v Rhodes.

    See book —
    Sources of Our Liberties – ed. by Richard L. Perry 1959 —

    just before SCOTUS went NUTS in 1960s.

    1 Amdt — ZERO to do with *election mechanics*.

    IE – speech / press / assemble / petition AIN’T 1789-1791 *election mechanics*.

    Standard court stuff being a super-legislature – law making in various subject areas — esp since Civil WAR I.
    ——–
    Again – blatant violation of title of nobility [special powers — class stuff].

    Also – violation of 14 Amdt EP Cl.–

    ALL or some PUBLIC Electors/Voters doing nominations.

  3. The problem is that Virginia has made the 6th Congressional District Committee a quasi-state agency. They are not a group of citizens banding together.

  4. JR —

    Thus — also violation of 4-4 RFG ???

    400 plus years of minority rule gerrymanders in VA.

    Which HACK machination WILL cause Civil WAR II to happen ???

  5. Also – 400 years ago – 1619

    — first black slaves forced into Brit VA colony

    — part of the EVIL ROT in the growing Brit Empire.

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