Virginia election law lets parties decide whether to nominate by primary or convention. But, the law also says if an incumbent is running for re-election, his or her wishes (as to how the party should nominate) override the wishes of the party. A unit of the Republican Party, the Sixth Congressional District Committee, won a lawsuit in U.S. District Court against this law. The state appealed to the Fourth Circuit. On September 27, the Republican Party filed this brief, arguing that the case should proceed and that the Fourth Circuit should affirm the U.S. District decision.