Democratic Party Loses West Virginia Ballot Order Lawsuit by Vote of 2-1

On September 1, the Fourth Circuit issued an opinion in Nelson v Warner, 20-1860. This is the Democratic Party case against the West Virginia law on ballot order. It says the nominees of the party that carried the state for President in the last election are always listed first. The vote was 2-1, and one of the judges in the majority is not in full-time service. Therefore, it seems somewhat likely that the Democratic Party will ask for a rehearing en banc. Only full-time judges can vote on whether to rehear a case before the entire membership of Fourth Circuit judges.

The opinion is by Judge Barbara Keenan and it is also signed by Judge Stephanie Thacker. Both are Obama appointees. The dissent is by Judge James A. Wynn, also an Obama appointee.


Comments

Democratic Party Loses West Virginia Ballot Order Lawsuit by Vote of 2-1 — 6 Comments

  1. The Democrats seem particularly concerned in a number of places about ballot order and straight ticket devices. Why is that?

  2. I live in West Virginia and it kills the Democrats its going Republican. Once Manchin retires its GOP all the way. In contrast, its neighbor Virginia is going Marxist (the other direction).

  3. What percent of New Age Donkeys are illiterate

    — automatic GRAD-U-8s of PUBLIK skoools ???

    Different Elephant pct ???

  4. Democrats probably thought they could win all their cases on ballot order, because those cases generally won back in the 1970’s and 1980’s. Also the evidence they presented is quite strong. But they weakened all their recent cases by saying the relief they sought should only apply to major parties, which undercuts the whole philosophy of government neutrality. They have lost recent cases in Arizona (although that is being appealed), Florida, Georgia, Minnesota, Texas, and West Virginia.

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