The memorandum opinion explains, as I suggested, that the plaintiffs should lose based on laches: “The equitable doctrine of laches’ bars plaintiffs’ request for a preliminary injunction.  They knew the rules in Virginia many months ago; the limitations on circulators affected them as soon as they began to circulate petitions.  The plaintiffs could have challenged Virginia law at that time. Instead they waited until after the time to gather petitions had ended and they had lost the political battle to be on the ballot; then, on the eve of printing absentee ballots, they decided to challenge Virginia’s laws.  In essence, they played the game, lost, and the complained the rules were unfair.”

The court also goes on to analyze the merits in case there is an appeal to the 4th Circuit.  The court finds that the plaintiffs would have won had they sought relief earlier.

In essence, this Pyrrhic victory for Perry will help future candidates in Virginia, assuming it is upheld on appeal.