Fitzgerald v. Alcorn

The court vacated the stay on its previously-granted injunction of Virginia’s Incumbent Protection Act. When granted, the stay served to mitigate confusion during political parties’ nomination process, but the next nomination period doesn’t begin until February 2019. In the meantime, elections held during the pendency of appeal shouldn’t be distorted by an law that is plainly unconstitutional.

Fitzgerald v. Alcorn, No. 5:17cv16, Sept. 24, 2018. WDVA at Harrisonburg (Urbanski).



Categories: Opinions, U.S. District Court - Western District of Virginia

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