6th Congressional District v. James Alcorn

WILKINSON, Circuit Judge:

The 6th Congressional District Republican Committee argues that Virginia's Incumbent Protection Act, Va. Code Ann. § 24.2-509 (B), violates the First Amendment of the Constitution. The district court agreed and enjoined § 24.2-509(B) in its entirety. For the reasons that follow, we now affirm.

I

A

Virginia law generally allows the Commonwealth's political parties considerable discretion in deciding how to nominate their candidates for office. Section 24.2-509(A) empowers the "duly constituted authorities" of the state and local parties "to determine the method by which a…