Documente Academic
Documente Profesional
Documente Cultură
24TH
SENATORIAL
DISTRICT
REPUBLICAN
COMMITTEE;
KENNETH H. ADAMS, individually and as Chairman of the
24th Senatorial District Republican Committee,
Plaintiffs - Appellants,
and
DANIEL MOXLEY,
Intervenor/Plaintiff,
v.
JAMES B. ALCORN, in his official capacity as Chairman of the
Virginia State Board of Elections; CLARA BELLE WHEELER, in
her official capacity as Vice-Chairman of the Virginia State
Board of Elections; SINGLETON B. MCALLISTER, in her official
capacity as Secretary of the Virginia State Board of
Elections;
VIRGINIA
DEPARTMENT
OF
ELECTIONS;
EMMETT W. HANGER, JR.,
Defendants - Appellees.
------------------------------------REPUBLICAN PARTY OF VIRGINIA, INC.,
Amicus Supporting Appellants.
No. 15-1483
DANIEL MOXLEY,
Intervenor/Plaintiff Appellant,
Appeals from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Elizabeth K. Dillon,
District Judge. (5:15-cv-00012-EKD)
Argued:
December 9, 2015
Before TRAXLER,
Judges.
Chief
Judge,
Decided:
and
GREGORY
and
Circuit
24th
Senatorial
District
Republican
Committee
of
courts
dismissal
following
reasons,
we
of
their
complaints
for
lack
that
the
district
of
For
court
I.
A.
Under Virginia law, political parties generally have the
right to determine the method by which a party nomination for a
member of . . . any statewide office shall be made.
Ann. 24.2-509(A).
Va. Code
According
to
the
Legislative
District
Committees
Plan
that
determine
whether
candidates
for
Legislative
J.A. 163.
December
2014,
the
Committee
exercised
its
authority
On February 23,
2015,
relied
incumbent
state
senator
Emmett
Hanger
on
the
Hanger
and
Moxley,
who
sought
the
Partys
Amendment
advantage
because
and
it
confers
invidiously
on
an
incumbent
discriminates
against
an
him
filed
motion
for
preliminary
injunction
days
before
scheduled
hearing
on
the
preliminary
incorporates
Virginia
law
into
its
delegation
of
do
not.
The
district
court
heard
from
both
sides
on
the
See
J.A. 213-229.
The
district
court
subsequently
granted
the
defendants
II.
On appeal, the plaintiffs argue that the district court
erred by dismissing the complaint for lack of subject matter
jurisdiction.
of standing de novo.
an
actual
or
threatened
injury,
(2)
causal
1997).
injury
An
protected
. . .
and
interest
(b)
hypothetical.
in
fact
which
is
actual
or
is
(a)
an
invasion
concrete
imminent,
and
not
of
legally
particularized
conjectural
or
The plaintiffs
have
to
the
burden
standing.
of
alleging
sufficient
facts
demonstrate
III.
Before
we
turn
to
the
language
of
the
Plan
itself,
we
was
insufficient
to
dismiss
at
the
12(b)(1)
stage,
(4th Cir. 2009) (citing Adams v. Bain, 697 F.2d 1213, 1219 (4th
Cir. 1982)).
simply
fails
allege
facts
upon
which
subject
matter
1219).
Alternatively,
jurisdictional
the
allegations
defendant
of
the
may
contend
complaint
were
that
not
the
true.
the
jurisdictional
allegations.
Id.
There
is
no
Id.
If,
to
truthfulness
the
merits
should
of
attach
the
to
complaint,
the
presumption
plaintiffs
of
allegations.
Rich v. United States, 811 F.3d 140, 145 (4th Cir. 2015) (citing
Kerns, 585 F.3d at 193).
relevant
factual
disputes
only
after
appropriate
discovery.
that
discovery.
2012).
In
can
be
readily
resolved
in
the
absence
of
we
analyzed
9
whether
the
Transportation
Security
Administrations
checkpoint
screening
46110.
Id.
at
question,
and
granted
standard
constituted
735.
The
operating
an
order
district
defendants
under
court
motion
procedures
had
to
49
for
U.S.C.
decided
dismiss
the
under
procedures
themselves
and
Id. at 738.
without
an
administrative
the
D.C.
Circuit,
and
that
such
record
would
be
Id. at 739.
Plan,
district
the
review of it.
court
undertook
thorough
and
exacting
J.A. 203.
stipulation
preliminary
injunction.
was
is
to
no
the
evidence
motion
for
from
the
10
in
this
way
and
no
argument
presented
for
what
the
legal
plan,
evidence,
counsel
no.
for
J.A.
the
223.
Committee
The
replied:
Committees
Not
insistence
any
that
essentially
legal
question
into
factual
one.
The
377
418
F.3d
408,
(4th
Cir.
2004).
Because
the
proper
the
district
court
was
sufficient,
we
conclude
that
IV.
Whether the Committee has standing depends on whether its
alleged
injury
was
the
result
of
the
Act
or
lawful
and
The Commonwealth
District
for
Committee
Legislative
shall
District
determine
public
office
whether
shall
be
permitted
(emphasis added).
to
do
so
under
Virginia
Law.
J.A.
163
We agree.
A.
In Marshall,
(citing
senator
John
Va.
Code
Warner
Ann.
24.2-530).
exercised
12
his
power
Id. at
Then-incumbent
under
the
Act
U.S.
and
Id.
Id.
jurisdiction,
and
we
affirmed,
concluding
that
the
Id. at 905-07.
We found
alleged
unconstitutional
for
injury
a
because
political
(1)
party
to
it
choose
was
an
not
open
primary and (2) there was no indication that the Party would
have a closed primary in the absence of the Open Primary Law
or change to a closed primary if we declared the Open Primary
Law unconstitutional.
Id. at 906.
In other words, if a
191,
199
(There
can
be
no
complaint
that
the
13
B.
We now turn to the construction of the Plan to determine
whether
the
Party
voluntarily
submitted
to
the
Act
and
constitution
and
by-laws
adopted
by
voluntary
Therefore, we
and
enforcing
contract.
Hitachi
Credit
Corp. v. Signet Bank, 166 F.3d 614, 624 (4th Cir. 1999).
Am.
If the
terms,
we
do
instrument itself.
a
single
possible
parties
document
. . .
have
not
search
Id.
and
giv[ing]
not
used
give
for
meaning
its
to
the
meaning
every
effect
to
words
aimlessly.
beyond
clause
presumption
Id.
the
where
that
the
(citations
omitted.)
Whether the Party voluntarily submitted to the Act turns on
the
meaning
of
Virginia Law.
the
clause
where
permitted
to
do
so
under
section
State
D(1)(b)
provides
that
[the
Central
Committee]
article
[Congressional]
candidates
for
Convention,
D(1)(a)
IV,
section
District
District
Party
(The
Committee
public
Canvass
Unit
D(1)(a)
or
specifies
shall
office
determine
shall
Primary.
Committee
that
be
See
shall
The
whether
nominated
also
determine
art.
by
III
whether
When
in
any
other
portions
of
the
plan,
counsel
for
J.A. 223.
the
The
Inc. v. Critical Health Sys., 212 F.3d 858, 861 (4th Cir. 2000)
(relying
on
the
principle
of
expressio
unius
est
exclusio
how
to
draft
language
added).
that
supported
constitutional
faithful
reading
of
the
contract
that
gives effect to the presumption that the [Party has] not used
words aimlessly requires us to view these selective omissions
and inclusions as intentional and meaningful.
at 624.
unilaterally
choose
the
method
of
nomination
for
legislative
differs
from
the
Commonwealths
16
To the extent
interpretation,
it
certainly
does
not
conflict
nonexistent language.
would
have
us
constitutional
it,
unless
we
read
in
doread
Virginia
unconstitutional. 2
with
the
phrase
law
and
Virginia
assume
law
that
as
the
valid,
Act
is
The
Committees
Marshall
are
attempts
similarly
to
distinguish
unavailing.
As
we
the
facts
explained
of
above,
is
traceable
to
Partys
voluntary
choice:
Id.
in
Here,
Whatever factual
Helton v.
AT&T, Inc., 709 F.3d 343, 360 (4th Cir. 2013) (citing Muth v.
United States, 1 F.3d at 250 (4th Cir. 1993)).
We conclude that the language of the Plan is clear and
unambiguous:
that
authority.
Where
Virginia
law
sets
forth
an
Committee
the
determination.
authority
to
supersede
or
challenge
that
Accordingly, we affirm
V.
Lastly,
we
address
Moxleys
claim
that
he
has
standing
(The
constitution
and
by-laws
adopted
by
voluntary
19
Moxley seems to
J.A. 344.
(observing
that
land
transaction
which
would
prevent
plaintiffs
liberty
interest
in
access
to
their
view
that
Moxleys
alleged
interest
in
depriving
his
Democratic Party v. Benkiser, 459 F.3d 582, 585-87 & n.4 (5th
Cir. 2006); Schulz v. Williams, 44 F.3d 48, 53 (2d Cir. 1994);
Owen v. Mulligan, 640 F.2d 1130, 1132-33 (9th Cir. 1981)).
But
political
favorable
power
decision,
candidate.
. . .
which
likely
would
would
preclude
be
redressed
by
Republican
party
Here,
however, the plain language of the Plan indicates that only the
LDC shall determine the method of nomination and only where the
application of Virginia law does not limit that authority.
Even
And there
Id.
VI.
We must apply the plain language of the contract.
For the
21
Virginia
statutes
unconstitutionality.
does
not
because
are
void
for
encompass
the
that
Virginia
Supreme
Court
statutes
has
that
construed
are
invalid,
nearly
and
identical
Code
24.2509(A)
provides
that
[t]he
duly
for
that
office
shall
be
made. 1
This
lawsuit
22
method
designated
by
that
incumbent,
or
absent
any
The
method
for
candidates
seeking
the
Republican
Committee
complaint.)
attached
the
Plan
as
an
exhibit
to
its
asserted
claim
alleging
that
the
Act
violated
his
23
appealed.
We review de novo a district court order dismissing for
lack of standing.
(4th Cir. 2013).
&
internal
quotation
marks
omitted).
We
also
Cooksey, 721
Cir.
2006).
The
of
constitutional
standing
Senator Hanger
favored a convention.
chose
primary,
24
whereas
the
Committee
traceable
to
the
challenged
conduct;
and
(3)
favorable
Id.
A.
The injury the Committee alleges here is the deprivation of
the
right
to
choose
the
nomination
method
for
the
General
25
constitutionality
district
court
of
believed
the
the
Act
Act
was
was
irrelevant
not
the
because
cause
of
the
these
to
redress
the
alleged
injuries
in
any
event.
district
court
reasoned,
because
the
See
That is so,
Party
chose
to
incorporate the Acts terms into its Plan, whether the Act was
constitutional or not; thus, it was the Plan, and not the Act,
that was the cause in fact of the alleged injuries.
See id.;
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (Because
the alleged injury is caused by a voluntary choice made by the
Virginia
Republican
plaintiffs
have
Party
not
and
not
established
the
Open
Primary
causation.).
It
Law,
the
is
the
Party)
principles.
and
construed
to
ordinary
contract
according
presents
of
26
law,
we
review
the
district
American Home Assur. Co., 377 F.3d 408, 418 (4th Cir. 2004).
Under Virginia law, [i]t is well established that, when
the terms of a contract are clear and unambiguous, a court must
give them their plain meaning.
Co. v. Jewell Ridge Coal Corp., 556 S.E.2d 769, 771 (Va. 2002).
A
court
determines
contracts
plain
meaning
by
giving
its
Id. at 772.
most
offices,
the
Plan
unqualifiedly
provides
that
Committee]
candidates
for
will
statewide
decide
public
the
nomination
office);
Plan
at
method
Art.
for
IV,
Committee
will
decide
the
nomination
method
reflects
the
the
fact
unqualified
that
right
Virginia
to
make
law
those
The
Plan
provision
gives
for
This
political
decisions
with
concerning
the
General
Accordingly, it states:
to
these
appeals
is
the
question
of
how
the
unconstitutional.
The
Committee
argues
the
Act
is
to
the
Committee.
The
Defendants
contend
that
Supreme
Court
of
Virginia
have
held
that
the
law
of
ex
rel.
Howlett
v.
Rose,
496
U.S.
356,
367
See
(1990)
180
(1803)
([A]
law
repugnant
28
to
the
constitution
is
meaning
of
statutes
that
are
Virginia
void
Law
does
because
not
they
include
violate
Virginia
the
U.S.
Constitution.
Indeed,
present
only
case,
days
the
after
Supreme
we
Court
heard
oral
held
that
argument
language
in
the
nearly
quotation
contract
provided
governed
by
the
marks
that
omitted).
the
Federal
Another
arbitration
Arbitration
Id. at 466
section
provision
Act.
Id.
of
shall
the
be
(internal
California
state
law.
29
See
id.
Invoking
the
See id.
See id.
Supreme
Court
decision,
Discover
Bank
v.
Superior
Court, 113 P.3d 1100, 1110 (Cal. 2005), and which was embodied
in California statutory law as well (the Discover Bank rule). 4
See DIRECTV, 136 S. Ct. at 466-67.
See id.
However, in 2011,
the United States Supreme Court held that the Discover Bank rule
was preempted and invalidated by the Federal Arbitration Act
(FAA)
because
the
rule
st[ood]
as
an
obstacle
to
the
30
of
Congress
that
the
FAA
embodied.
AT&T
Mobility
LLC
v.
Bank
rule,
see
DIRECTV,
136
S.
Ct.
at
467,
the
to
arbitration
contractual
phrase
law
depended
of
your
on
the
state,
meaning
see
id.
of
at
the
466.
law
including
of
California
the
Discover
Bank
rule
and
United
States
Supreme
Court
California
Court
of
Appeals
then
granted
DIRECTVs
decision
was
correct
as
See id. at
468-71.
The Court began by considering the ordinary meaning of the
phrase
law
of
your
state.
The
Court
concluded
Id. at 469.
that
the
In fact, the
found
any
See id.
contract
case
any
state
that
interprets
interpreting
the
words
law
of
your
state
to
include
law
that
be
was
invalidated
contract
would
consistent
contract
interpretation.
after
with
See
id.
the
formation
applicable
at
469.
of
principles
The
the
of
Court
32
particularly
agreements,
cited
which
California
are
caselaw
construed
holding
according
to
that
normal
plea
contract
my
view,
the
reasons
cited
by
the
Supreme
Court
in
before
us
here
Virginia statutes.
ordinary
meaning
cannot
be
construed
to
include
invalid
the
phrase
Virginia
Law
is
valid
would
not
even
be
reasonable.
Id.
(emphasis
in
just
as
similar interpretation. 6
they
supported
the
DIRECTV
Courts
See id.
unconstitutional.
See
Va.
Code
24.2-509(A)
(The
duly
And because I
method
unconstitutional,
in
do
the
not
event
agree
that
with
the
24.2-509(B)
district
is
courts
alleged
redressability. 7
injuries
and
an
obstacle
preventing
Smith v. Commonwealth,
Virginia
particular
could
nomination
Constitution.
have
enacted
method
legislation
without
running
requiring
afoul
of
the
However, even if
such
legislation,
this
argument
at
most
goes
to
the
challenged
legislature
of
its
statute
on
constitutional
basis
that
authority
it
deprived
to
initiate
the
merits
of
their
claims
that
24.2-509(B)
is
unconstitutional, then they are also correct, under the
reasoning of DIRECTV, that Virginia Law does not include
24.2-509(B) and that the Plan authorizes the Committee to
choose the nomination method.
35
Assembly
position
at
issue
here.
Moxley
alleged
the
nominating
mechanism
that
he
believed
would
best
upheld
and
their
injuries
could
be
avoided.
These
the
standing
doctrine
requires.
Valley
Forge
Christian
454
district
U.S.
court
464,
472
erred
in
(1982).
dismissing
therefore
this
case
believe
for
lack
the
of
standing. 8
II.
In
sum,
dismissing
jurisdiction.
would
the
reverse
the
complaints
I
for
respectfully
district
lack
dissent
of
from
courts
judgment
subject-matter
the
majoritys
contrary decision.
37