Virginia law lets all qualified parties decide whether to nominate by primary or convention. They are free to use primaries for some races and conventions for other races, in the same election year. However the law also says if an incumbent office-holder is running for re-election, he or she can override the wishes of the party. A unit of the state Republican Party is currently suing to overturn that law.
On October 10, the Fourth Circuit refused the state’s request for a stay of the U.S. District Court decision. The U.S. District Court had declared the law unconstitutional. The Fourth Circuit also said oral argument will be held in this case sometime between December 11 and December 13.
The order identifies the three judges who are assigned to the case. They are J. Harvie Wilkinson, a Reagan appointee; Diana Gribbon Motz, a CLinton appointee; and Allyson K. Duncan, a Bush Jr. appointee. The case is Sixth Congressional District Republican Committee v Alcorn, 18-1111.