United States Fourth Circuit

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24th Senatorial District v. Alcorn, 15-1478

In a suit brought by the 24th Senatorial District Republican Committee of Virginia, under 42 U.S.C. sections 1983 and 1988, against members of the Virginia State Board of Elections and the Virginia Department of Elections seeking declaratory and injunctive relief, alleging the Incumbent Protection Act infringes plaintiffs' First Amendment right to freedom of association by preventing it from determining the method of nomination in contravention of the terms of the Republican Party's Plan of Organization, the district court’s dismissal of the complaints is affirmed for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) because plaintiffs' lack standing to bring this suit.

Appellate Information

  • Decided
  • Published 2016/04/19

Judges

  • GREGORY

Court

  • United States Fourth Circuit

Counsel