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 ...

Tagged with: Constitutional Judge Norman K. Moon U.S. District Court - Western District

Where the supplemental report from a property owner’s real estate expert witness contained opinions about the effect of a pipeline on the property that are entirely new and different from his first report, the failure to disclose the new opinions ...

Tagged with: Constitutional Judge Elizabeth K. Dillon U.S. District Court - Western District

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. ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge J. Harvie Wilkinson III Judge Robert B. King

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. ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

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 ...

Tagged with: Constitutional Judge Chadwick S. Dotson Virginia Circuit Courts Wise County Circuit Court

Plaintiffs are denied injunctive and mandamus relief in this challenge to executive orders issued in response to the COVID-19 pandemic. Plaintiffs have not demonstrated that they will suffer irreparable harm without an injunction, or that a temporary injunction is in ...

Tagged with: Constitutional Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Where the governor’s executive order, EO 63, requires the use of a face covering in certain settings, plaintiffs’ argument that the order is void because compliance results in a violation of a criminal statute prohibiting face masks is not well-taken. ...

Tagged with: 16th Circuit Court Constitutional Judge Claude V. Worrell Jr. Virginia Circuit Courts

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 ...

Tagged with: 24th Circuit Court Constitutional Judge F. Patrick Yeatts Virginia Circuit Courts

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 ...

Tagged with: Constitutional Judge John A. Gibney Jr. U.S. District Court - Eastern District

A pro se suit brought by two men who alleged they were harassed while attending a Unite the Right rally opposing the removal of a confederate general’s statute has been transferred to the Western District. A substantial number of the ...

Tagged with: Constitutional Judge M. Hannah Lauck U.S. District Court - Eastern District