REPUBLICAN PARTY OF VIRGINIA v. WILDER

Civ. A. No. 91-0424-R.

774 F.Supp. 400 (1991)

REPUBLICAN PARTY OF VIRGINIA, Virginia Fair and Impartial Redistricting, Joint Republican Caucus of the Virginia General Assembly, Thomas G. Baker, Jr., individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Barbara M. Stafford, individually and in her official capacity as a Republican delegate in the Virginia House of Delegates, Joyce K. Crouch, individually and in her official capacity as a Republican delegate in the Virginia House of Delegates, Charles R. Hawkins, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Phoebe M. Orebaugh, individually and in her official capacity as a Republican delegate in the Virginia House of Delegates, Raymond R. Guest, Jr., individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Robert T. Andrews, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Vincent F. Callahan, Jr., individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Richard L. Fisher, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Jane H. Woods, individually and in her official capacity as a Republican delegate in the Virginia House of Delegates, Robert E. Harris, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, James H. Dillard II, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Robert D. Orrock, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Harvey B. Morgan, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Malfourd W. Trumbo, individually and in his official capacity as a Republican delegate in the Virginia House of Delegates, Andrew Hawkins, Philip Steele, Margarita Law, Nathan H. Miller, B.B. McKay, Mary Ellen McInnis, Arnold L. Larsen, Jr., Patrick A. Rodio, Anthony P. Strande, Sally Quenneville, Shirley Duncan, Paul Hockman, Richard W. Henener, Jr., Ralph O. Tucker, Richard A. Claybrook, William Truban, John Marocchi, Plaintiffs, v. L. Douglas WILDER, in his official capacity as Governor of the Commonwealth of Virginia, Michael G. Brown, in his official capacity as Executive Secretary of the State Board of Elections of the Commonwealth of Virginia, Defendants.

United States District Court, W.D. Virginia, at Roanoke.

September 10, 1991.


Attorney(s) appearing for the Case

Charles J. Cooper, Shaw, Pittman, Potts & Trowbridge, argued, Washington, D.C. (Michael A. Carvin, Thomas J. Catliota, Robert J. McAuliffe and Leslie Stout-Tabackman, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., and William B. Poff, Woods, Rogers & Hazlegrove, Roanoke, Va., on brief), for plaintiffs.

Gregory E. Lucyk, Sr. Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen., H. Lane Kneedler, Chief Deputy Atty. Gen., Gail S. Marshall and K. Marshall Cook, Deputy Attys. Gen., Roger C. Wiley, Sr. Asst. Atty. Gen., Martha B. Brissette, Patrice B. Johnson, Todd E. LePage and Roscoe C. Roberts, Asst. Attys. Gen., Office of Atty. Gen., on brief), Richmond, Va., for defendants.

Before WIDENER, United States Circuit Judge, and MICHAEL and KISER, United States District Judges for the Western District of Virginia.


WIDENER, Circuit Judge, with whom Judges MICHAEL and KISER concur:

The Republican Party of Virginia, certain Republican members of the Virginia House of Delegates, and some voters registered in Virginia (Republicans) brought suit against the Governor and Executive Secretary of the State Board of Elections of the Commonwealth of Virginia, contending that the defendants participated in the enactment and enforcement of a partisan gerrymander which violated the First...

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