On August 10, U.S. District Court Judge Robert C. Chambers, a Clinton appointee, issued an opinion in Nelson v Warner, 3:19cv-898. This is the Democratic Party’s lawsuit against the West Virginia law that puts the party that carried the presidential election in the last election on the top line of the ballot for all its nominees. The opinion declares the law unconstitutional. The state has appealed to the Fourth Circuit. On August 11, Judge Chambers refused to stay his own order, which had directed the state to come up with a neutral method to determine ballot order.
The Fourth Circuit case number is 20-1860. The states of Georgia and Texas have filed amicus briefs on the side of the state of West Virginia.