The anti-Trump movement notched a victory in Virginia on Monday though its impact could be short-lived.
A court ruled that a Virginia law governing the binding of delegates at the GOP convention posed an “unconstitutional burden on his [a delegate’s] First Amendment rights.”
Beau Correll, a Virginia delegate to the Republican National Convention, challenged a Virginia law that said delegates shall be bound on the first ballot at the national convention to the candidate receiving the most votes, unless that candidate releases the delegates. The court ruled that Virginia is “permanently enjoined from enforcing” Va. Code 24.2-545 (D), which puts the onus on enforcement of delegate-binding rules back on the GOP convention.
The court noted that no rule governing the binding of delegates yet exists for the 2016 convention. Rule 40, which governs the presidential nominating process, has been the subject of constant scrutiny during the 2016 campaign. The court wrote that it was a temporary rule that has no effect at this point in time.
“[T]he record shows that RNC Rules 26 to 42, according to Rule 42 itself, are temporary rules for use in the 2016 Republican National Convention and have no force unless they are adopted by the assembled delegates at that convention, which will take place from July 18-21, 2016,” the court’s opinion stated.
The court passed on adjudicating anti-Trump delegates’ effort to scrap Donald Trump as the nominee. Several delegates opposed to Trump have proposed inserting language into the rules that would expressly provide delegates the ability to vote their conscience and abstain from backing Trump, thus blocking his nomination.
Correll celebrated the court’s decision in a statement claiming delegates are now free to vote their conscience at the convention.
“Delegates are free to vote their conscience and no amount of intimidation by the Trump campaign or meddling by Democrats in the Republican process will change that fact,” Correll said in a statement shared by Delegates Unbound, an organization looking to unbind delegates from Trump. “Requiring delegates to vote for any candidate is unconstitutional and today’s announcement is a blow to Trump’s efforts.
But the court’s opinion in Correll’s case acknowledged that it “lacks jurisdiction” to rule on the discussion of a conscience clause and further said, “the ‘conscience voting’ theory is not ripe for decision.”
In the aftermath of the court’s opinion, anti-Trump delegates likely still need to insert language into the rules to be adopted by the convention in order to allow for delegates to stop Trump. But the court’s ruling removes a significant barrier to the unbinding of delegates and means the Republican Party may now pose the largest obstacle for the Never Trump crowd.
If any coup to oust Trump is attempted on the convention floor next week, it would likely begin in the rules committee meetings beginning later this week. If the anti-Trump push fails to amass the votes necessary to insert new language that alters the nominating guidelines from previous years, the Virginia ruling will likely not amount to much for Republicans in 2016.
The rules committee will meet on Thursday and Friday, but could last longer if necessary.
