RICHMOND, VIRGINIA -- "UNCONSTITUTIONAL" but TOO LATE to do anything about it, was the ruling of United States District Court Judge John A. Gibney on January 10, 2012, in the Federal lawsuit filed by Governor Rick Perry. Perry sued in late December to appear on Virginia's ballot, after only Mitt Romney and Ron Paul qualified for the Republican primary. Newt Gingrich, Rick Santorum, and Jon Huntsman "intervened" and joined the lawsuit.