The Corner

What’s Next for the Virginia Case?


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. 

Daniel Foster — Daniel Foster is a former news editor of National Review Online.

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