Rick Perry filed a brief Wednesday morning with the U.S. Court of Appeals for the Fourth Circuit, asking that the court not reverse a district court judge’s order earlier this week to stop printing Virginia absentee ballots. After a federal judge in Virginia issued an order halting the preparation of ballots for the state’s March 6 primary, Virginia officials filed an emergency appeal asking for that order to be overturned.
The Perry brief argues that the Virginia officials had no right to appeal because the action taken by the judge was temporary and does not affect the ultimate decision made in the case. It also contends that the Virginia officials have not adequately shown that the decision to halt production of the ballots used an improper legal standard or misinterpreted the facts of the case.
The judge in the case, John Gibney, said yesterday that a hearing on the case will be held Friday, and a final decision should come soon after that.