On June 3, U.S. District Court Judge John P. Bailey, a Bush Jr. appointee, ruled that a West Virginia regulation that requires a permit for “solicitation” in West Virginia state parks, state forests, and state wildlife management areas, is unconstitutional. Constitution Party of West Virginia v Jezioro, 2:08-cv-61. Thanks to Independent Political Report for this news. UPDATE: here is the decision. It is possible the regulation would have survived if it did not give unbridled discretion to parks officials on whether to grant the permit or not.

In 2007, when the Constitution Party was petitioning to get its presidential and gubernatorial candidates on the ballot, its petitioners were barred from Stonewall Jackson Lake State Park. The party filed the lawsuit in 2008. The Rutherford Institute represented the Constitution Party.