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Tag Archives: Constitutional

Adults under 21 not subject to gun background check

A Virginia statute requiring background checks for private firearms sales is facially valid but unconstitutional as applied to adults under 21 years old. The current background check system automatically rejects handgun purchases by those less than 21 years old. Overview ...

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Election signature requirements modified due to Covid-19

Difficulties in obtaining signatures because of Covid-19, including bans on large public gatherings, resulted in the court’s modifying the signature requirements for candidates running for Congress and the presidency. Background In Virginia, independent and minor party candidates seeking national office ...

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No injunction against face mask executive order

Where plaintiffs challenge an executive order requiring the use of a face mask in certain settings, injunctive relief is denied because plaintiffs are “not likely to succeed on the merits of their claim.” Background Plaintiffs are a winery and, Strother, ...

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No injunction against crowd control measures

Where police used crowd control weapons and equipment to disperse demonstrators who were protesting police brutality, this did not violate plaintiffs’ rights to freedom of speech and assembly. The court declines to issue a declaratory judgment that the police unlawfully ...

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Laches dooms injunctive relief challenge to absentee balloting

The plaintiffs’ delay in mounting a challenge to the absentee ballot process in Virginia because of the COVID-19 pandemic, resulted in injunctive relief being denied because of laches. Background On March 12, 2020, Gov. Ralph S. Northam declared a state ...

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No right for media to witness pre-execution steps

Although news organizations sought access to entire execution proceedings, the First Amendment does not support their argument that they must be allowed to witness the steps that precede an actual execution. Background The plaintiffs are news organizations that investigate and ...

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Bus company must run animal welfare watchdog’s ads

The Greater Richmond Transit Company engaged in unconstitutional viewpoint discrimination by rejecting an animal welfare watchdog’s advertisement on political grounds, while accepting other political advertisements. Background This First Amendment action arises out of the refusal of Greater Richmond Transit Company, ...

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More than $930,000 in fees awarded in medical case

In litigation over adequate medical care to inmates at the Fluvanna Correctional Center for Women, the claimed fees were significantly reduced because of vague billing entries, duplicative efforts, overstaffing and excessive hours. Background This action is an Eighth Amendment class ...

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