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Tag Archives: Constitutional

Settlement over election signature requirement approved (access required)

Where the League of Women Voters of Virginia and the Virginia State Board of Elections reached a settlement enjoining the witness signature requirement for absentee ballots for elections on Nov. 3, 2020, the agreement was fair and reasonable, and was ...

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Nationwide injunction over new DHS rule was error (access required)

Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...

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Plaintiff lacks standing to challenge removal of Lee statue (access required)

Even if the court issued a decision preventing the delisting of a statue of Robert E. Lee from The National Historic Preservation Act of 1966, that would not prevent the governor from having the statue physically removed from Monument Avenue. ...

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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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