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What’s Next for the Virginia Case?



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One way or another, an appeal will be filed to the Fourth Circuit Court of Appeals, while the state of Virginia will argue that the case is sufficiently time-sensitive that it should move directly to the Supreme Court.

How long will that process take? On a conference call this afternoon, Brian Gottstein, communications director for Virginia attorney general Ken Cuccinelli, said one to two years is the best guess: About one year if the Supreme Court agrees to take the case directly from the district court, two if the case is heard first by the Fourth Circuit (and minus a few months if it goes straight to en banc consideration by all the judges on the Fourth Circuit, bypassing a three-judge panel).

Meanwhile, anonymous administration officials have told reporters in recent days that they would not support the request to expedite the case, though the DOJ has yet to take a formal position. Gottstein wouldn’t say if he would press forward with the request to expedite without federal support.

“I understand the role they have to play, I respect it, and I hope they lose,” he said. 



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