New opinion — a Virgin Islands election case

Rodriguez v. 32nd Legislature — elections — affirmance — Shwartz

After a candidate was elected to the Virgin Islands Legislature, his former opponent filed a suit alleging that he was unqualified to serve because he had sworn under oath in a bankruptcy filing that he lived in Tennessee. The elected candidate removed that suit to federal court and filed one of his own, asking the court to declare that the qualification decision must be made by the legislature, not the courts. Today the Third Circuit held that, under Virgin Islands law and separation of powers principles, only the legislature could decide the qualifications of its members.

Joining Shwartz were Greenaway and Fuentes. Arguing counsel were Francis Jackson for the elected candidate, Terri Griffiths for the opponent, and Kye Walker for the legislature.

Early news coverage here.