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Tag Archives: Constitutional

Legislative moratorium on uranium mining upheld (access required)

Where plaintiffs claim that the General Assembly’s temporary moratorium on uranium mining results in an unconstitutional taking of their property rights, the statute is upheld under a strict scrutiny analysis. Although a taking has occurred, the commonwealth has demonstrated a ...

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Adults under 21 not subject to gun background check (access required)

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 (access required)

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 (access required)

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 (access required)

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 (access required)

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 (access required)

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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