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Legal Features

The Rutherford Institute’s petition for review in Clary v. Virginia DMV

LAWRENCEVILLE, Va. — Attorneys for The Rutherford Institute have filed a petition with a Virginia Circuit Court challenging an order of the state Department of Motor Vehicles (DMV) cancelling, revoking and/or demanding the return of specialty commemorative license plates issued to the Sons of Confederate Veterans (SCV) bearing the Confederate battle flag on the grounds that such a recall is unauthorized by Virginia law and beyond the power of the DMV. The DMV’s order comes in the wake of a U.S. Supreme Court decision holding that states issuing specialty license plates may engage in viewpoint discrimination when granting applications for specialty license plate designs. However, in the petition challenging the DMV’s September 2015 order, Rutherford Institute attorneys assert the order is unlawful and does not comply with Virginia statutes relating to the cancellation and recall of license plates.

The Rutherford Institute’s petition for review in Clary v. Virginia DMV is available at www.rutherford.org.

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