West Virginia Attorney General JB McCuskey filed an amicus brief with the U.S. Supreme Court today urging the Court to reject Virginia legislators' attempt to bypass their own state court system and have federal judges override a ruling on Virginia's constitution.
Attorney General McCuskey filed the “friend of the court” brief to ask the Supreme Court to reject the emergency application to pause the Virginia Supreme Court’s decision that found the legislature failed to follow the state constitution’s required process for amending it.
West Virginia’s argument is simple – no federal question exists. The matter was settled in the Virginia Supreme Court.
“Virginia democrats are wrong on issues and wrong on this egregious attempt to alter the outcome of their elections. The Virginia Supreme Court struck down the attempt as unconstitutional and that should be the final say on this matter. State courts should decide state constitutional issues, and we are committed to defending that process,” Attorney General McCuskey said.
Virginia legislators in this case are asking the Supreme Court to freeze the ruling now to prevent the election being run under the old maps by default. Virginia’s primary election is August 4. Absentee ballots must go out 45 days before the election, so ballots must be finalized by May 28.
Attorney General McCuskey’s brief argues that allowing federal courts to second-guess state constitutional rulings whenever a losing party invokes a federal argument would weaken state court independence nationwide. Additionally, the brief argues that a stay would cause chaos and confusion in the upcoming election. The simpler and more stable process would be running the upcoming election the same as the last one.
The amicus brief was filed in the United States Supreme Court by West Virginia’s Solicitor General. Read the brief here.
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