That means Correll is left with an as-applied challenge. Under his specific facts he is not bound by Virginia law but by RNC rules. Right now no Virginia Delegate is remotely being threatened with enforcement of the Virginia law in contravention of RNC rules. Without such threat there is no imminent harm.
That being said, Judge Payne, in an abundance of caution, might choose to declare the Virginia law ineffectual under current RNC rules as-applied to the Virginia delegation.
WHICH MEANS NOTHING.
As fellow TBE contributor, Mick Staton, has repeatedly pointed out, even if Correll is successful it does not change the RNC’s rules for binding delegates.
Here is the kicker: Correll knows this.
Part of the stipulations filed for the preliminary injunction hearing include the following:
There is no challenge to RNC or RPV rules. These rules still apply just as they did yesterday, the day before, three months ago at the Tenth District Convention, and six months ago at Correll’s candidate filing deadline.
Moreover, if the RNC rules are changed, then any ruling from this Court on an as-applied basis would be ineffectual as the as-applied Order of the Court can only apply to the current set of facts, and not a new factual paradigm set by Delegates at the convention.
This case is a PR stunt. Correll if successful, accomplishes nothing legally, Correll if unsuccessful loses nothing legally. This is a waste of the Court’s time, a waste of the SBE’s time, a waste of AG Herring’s time (da*n you for making me say something in defense of Herring), and an affront to Virginia’s primary voters.
It was true when I woke up this morning and it is true now. There is no practical effect to this ruling other than when Mr. Correll (and Mr. Correll only, as this applies to NO OTHER DELEGATES) votes according to RNC rules he faces 0% risk of prosecution. The memorandum opinion opinion supports the superiority of party rules over state statutes and that is it. The opinion is detailed, and well thought out but it does not change anything in the legal sense (except by formally removing the threat of prosecutions for Mr. Correll).
Just a little word of warning to the sock puppets, show up and I will call you out.
