Herring Files Motion to Remove Confederate Battle Flag from VA License Plates

Posted: Updated: Jun 26, 2015 05:53 PM
File Image: Attorney General Mark Herring File Image: Attorney General Mark Herring

Virginia's attorney general is taking the first legal steps to removing the Confederate battle flag from license plates in the commonwealth.

Attorney General Mark Herring filed a motion in federal court Friday asking for the reversal of an appellate court's decision allowing the flags on license plates.

Governor Terry McAuliffe announced earlier this week that he'd push to have the flags removed.

Herring's office say they anticipate a hearing on the motion in the next few weeks.

Press release from the Commonwealth of Virginia Office of the Attorney General:

RICHMOND (June 26, 2015)-Late today, Attorney General Mark R. Herring took the first legal steps necessary to remove the Confederate battle flag from Virginia license plates. He has filed a motion in federal court in the Western District of Virginia to vacate the order and to dissolve the injunction issued in the 2001 case of Sons of Confederate Veterans, Inc. and Virginia Division of Sons of Confederate Veterans Inc. vs. Richard D. Holcomb, Commissioner, Virginia Department of Motor Vehicles which required the Commonwealth to place the flag on specialty license plates issued to members of the Sons of Confederate Veterans.

On Tuesday, Governor McAuliffe announced plans to remove the battle flag from these specialty plates in light of the Supreme Court's recent decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc. Today's filing begins the process of lifting the injunction so Virginia can enforce its existing statute, which states that "No logo or emblem of any description shall be displayed or incorporated into the design of license plates issued under this section."

The Commonwealth anticipates a hearing on its motion in the coming weeks.

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