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MILLER v. BROWN

No. 05-2254.

462 F.3d 312 (2006)

Larry MILLER; 11th Senatorial District Republican Committee, Plaintiffs-Appellants, v. Michael BROWN, in his official capacity as Chairman of the Virginia State Board of Elections; Barbara Hildenbrand, in her official capacity as Vice-Chairman of the Virginia State Board of Elections; Jean R. Jensen, in her official capacity as Secretary of the Virginia State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 2006.

Attorney(s) appearing for the Case

ARGUED: Kenneth Thomas Cuccinelli, II, Cuccinelli & Day, P.L.L.C., Fairfax, Virginia, for Appellants. James Christian Stuchell, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Paul A. Prados, Cuccinelli & Day, P.L.L.C., Fairfax, Virginia; Patrick M. McSweeney, McSweeney & Crump, P.C., Richmond, Virginia, for Appellants. Robert F. McDonnell, Attorney General of Virginia, Francis S. Ferguson, Deputy Attorney General, Maureen Riley Matsen, Deputy Attorney General, Peter R. Messitt, Senior Assistant Attorney General, James W. Hopper, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.

Before WILKINS, Chief Judge, DUNCAN, Circuit Judge, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge GOODWIN wrote the opinion, in which Chief Judge WILKINS and Judge DUNCAN joined.

GOODWIN, District Judge.

Virginia's 11th Senatorial District Republican Committee and its chairman, Larry Miller (collectively referred to as "the plaintiffs"), appeal the district court's order dismissing their constitutional challenge to Virginia's open primary law for lack of justiciability. We reverse. We remand to the district...

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