Today the court ruled in favor of Carroll “Beau” Correll in his lawsuit alleging that Virginia law binding delegates is unconstitutional.
— Andrew M. Grossman (@andrewmgrossman) July 11, 2016
This article from last week explains what the suit is about.
In a lawsuit filed last month, Correll said the state cannot enforce an election law that could, in theory, lead to criminal prosecutions for delegates who don’t cast their vote for Trump on the first ballot despite their obligations under party rules.
“Is he entitled to get a criminal penalty for making that decision or is that a party matter to drub him out of the party?” Payne said during the hearing, where he repeatedly questioned how the state could enforce a law that seems to dictate the affairs of a political party.
Lawyers representing the state on behalf of Attorney General Mark Herring said no one has ever been prosecuted for violating the delegate law, adding that the state has no intention of bringing a case against Correll.
What this does is pave the way for the Dump Trump delegates to make their play. It does not change the rules of the convention, which are set by the party, but it does free those Virginia delegates who break against Trump from fear of criminal wrongdoing. The would, in other words, suffer no legal consequences.
It is a conscience allowance, and it’s a big deal.
HUGE. State laws claiming to bind delegates unconstitutional. Convention delegates are free to govern themselves. https://t.co/yDt6kTotBt
— Bill Kristol (@BillKristol) July 11, 2016
As we reported this morning, the Dump Trump/Never Trump/Free the Delegates movement among the delegates is not only not dead, they are actively gaining support and, it seems, racking up victories.
It ain’t over.