Theo nguồn tin trên trang mạng của Virginia Supreme Court
Opinions and Published Orders
260169
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Icon Koski v. Republican National Committee
(ORDER)
03/04/2026
A petition seeks to stay a temporary restraining order (TRO) enjoining election officials from taking action on a referendum or otherwise moving forward with an election on a proposed constitutional amendment. The petition is granted and the TRO is stayed until further order of this Court. Courts of equity will not, with few exceptions, enjoin holding of an election, or interfere with an election by injunction. Case law has focused only on the timing of judicial injunctive remedies — not on a court’s constitutional power of judicial review, and the judiciary department has the power and duty to pass upon validity of a constitutional enactment when put in force, as well as upon the validity of an act of the legislature. Thus we grant the motion to stay the de facto preliminary injunction issued by the circuit court in this case. This stay implies no rejection of the circuit court’s declaratory judgments still pending review, nor of the legal challenges asserted by complainants in the present case not yet ruled upon by the lower court. These issues are of grave concern to the Court but we offer no opinion on the ultimate resolution. It is the process, not the outcome, of this effort that we may ultimately have to address. Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision. Thus the de facto preliminary injunction entered by the circuit court in this case is stayed, and on remand that court shall promptly bring the case to closure and enter final judgment.
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