Judge throws out Democrats' suit over state senate control

A Richmond judge has turned aside a lawsuit a Democratic senator filed challenging Republican plans to take
power in a 40-member Senate where Democrats and Republicans each old 20 seats.

Sen. Donald McEachin said a procedural ruling on his lawsuit in Richmond Circuit Court says that the issue is not ripe for the court to insert itself into the actions of a separate branch of state government.

McEachin, the plaintiff in the case, said the court ruled that the suit is premature because Republican Lt. Gov. Bill Bolling has not yet cast the decisive vote that Republicans claim gives them the right to rule.

McEachin said Friday morning that he and the Senate's Democrats have not yet decided about a possible appeal.