In the last 4 weeks of waiting for Governor McAuliffe to either veto or sign HB1366 into law I was considering a court challenge against the new law. Now that it has been signed by the Governor I’ve circled back with a legal group on doing just this.
A legal challenge requires a plaintiff, facts showing the injury has or will most certainly occur, and a legal argument (vs. a policy argument) about why the new law is bad.
In order to challenge any law, you have to have a plaintiff who is someone who has standing to bring a legal claim (i.e., someone who has been or will definitely be “injured” by the law), and you have to show what the injury is and how the injury offends the law.
To get an injunction against a new law from going into effect, you also have to be able to show that your legal case is so strong that you have a “likelihood of winning on the merits” and that a damages claim would not be sufficient to remedy the harm caused.
At the moment a civil liberties group is considering this for HB1366.
But first we need a plaintiff.