2 Supreme Court review), which the State believes is
consistent with this Court’s original intent in
issuing its stay. Furthermore, there is no merit to
threshold issues. Doc. 127 at 5-6.
involved both local clerks and the responsible state officials as defendants.
No. 14-1167, 2014 WL 3702493, at *3, 5-6 (4th Cir. July 28, 2014) (describing how
the plaintiff couples “added Janet M. Rainey as a defendant in her official capacity as the State Registrar of Vital Records” and
how the couples successfully sought an
injunction against “Virginia’s employees—
including Rainey and her employees
and Schaefer, McQuigg, and their officers, agents, and employees from enforcing the Virginia Marriage
(emphasis added). It did not address the question whether state officials are necessary defendants when the state officials
and not county clerks
are exclusively charged with
executing a State’s marriage laws.
Nor did it address the other threshold issues in this case.
Doc. 126 at 6 n.4. Respectfully submitted, PATRICK MORRISEY ATTORNEY GENERAL
s/ Elbert Lin
Elbert Lin (WV Bar Number: 12171)
Julie Ann Warren (WV Bar Number: 9789) Julie Marie Blake (WV Bar Number: 12271)
Assistant Attorneys General
Office of the Attorney General State Capitol Building 1, Room E-26 Charleston, WV 25305 Telephone: (304) 558-2021 Fax: (304) 558-0140 E-mail: email@example.com Dated: July 30, 2014
Counsel for the State of West Virginia
Case 3:13-cv-24068 Document 128 Filed 07/30/14 Page 2 of 4 PageID #: 4396