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SONS OF CONFEDERATE v. COMM'R OF VA DEPT. OF MOTOR

No. 01-1242.

288 F.3d 610 (2002)

SONS OF CONFEDERATE VETERANS, INCORPORATED, a Tennessee Corporation, by its Commander-in-Chief Patrick J. GRIFFIN; Virginia Division of Sons of Confederate Veterans, Incorporated, a Virginia Corporation, by its Commander Robert W. Barbour, Sr., Plaintiffs-Appellees, v. COMMISSIONER OF THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES, in his official capacity, Defendant-Appellant, and Commonwealth of Virginia, whose agents and officers enacted and will enforce, on its behalf, Va.Code Ann. 46.2-746.22; James S. Gilmore, III, Governor, as Governor of the Commonwealth of Virginia, in his official capacity; Shirley Ybarra, as Secretary of the Department of Transportation of the State of Virginia, in her official capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 2002.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Solicitor General, Office of the Attorney General, Richmond, Virginia, for Appellant. Arthur Patrick Strickland, Strickland & Harden, P.C., Roanoke, Virginia, for Appellees. ON BRIEF: Randolph A. Beales, Acting Attorney General, Jeffrey A. Spencer, Assistant Attorney General, Alison P. Landry, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Steven H. Aden, The Rutherford Institute, Charlottesville, Virginia, for Appellees.

Before WILLIAMS and TRAXLER, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge TRAXLER and Judge HOWARD joined.

WILLIAMS, Circuit Judge.

This appeal arises out of a dispute regarding the constitutionality of a provision in the Virginia statute authorizing the issuance of special license plates to members of the Sons of Confederate Veterans1 (SCV). In contrast to other Virginia statutes authorizing special plates for members or...

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