University of Virginia Library

One Week Extension

US. District Judge Robert R. Merhige, one
of the three members of the panel, had allowed
a one week extension for voter registration. He
had granted the extension on the grounds that
students were unconstitutionally discriminated
against by voter registration rules.

The majority opinion of the panel on the
extension ruled that the case was not a class
action as the ACLU contended. The opinion
stated that the action did not involve a class of
citizens because circumstances covering
registration vary with individual cases.

The panel declined to rule on the
constitutional aspect of the question saying
that the plaintiffs could seek relief from the
state by seeking to re-register.

Judge Merhige added in his dissenting
opinion that it was "almost whimsical" for the
other judges to require the plaintiffs to resort to
state processes that, "for practical purposes of
the upcoming election are not available."