Texas Gov. Rick Perry dropped out of the Presidential race yesterday, leaving only four other candidates on the Republican ballot. Perry's withdrawal has widespread implications for the lawsuit he appealed on Sunday after a federal judge refused to add him and three other candidates to Virginia's Republican presidential primary ballot.

Perry sued last month after failing to submit enough signatures to get on the March 6 ballot. Former House Speaker Newt Gingrich, former Pennsylvania Sen. Rick Santorum and former Utah Gov. Jon Huntsman joined Perry's lawsuit after also failing to qualify. Huntsman and Perry have since resigned from the election.

Virginia requires candidates to obtain the signatures of 10,000 registered voters, including 400 from each of the state's 11 congressional districts to get on the ballot. Neither Perry, Santorum, Gingrich, nor Huntsman met the qualifications. Former Massachusetts Gov. Mitt Romney and Texas Rep. Ron Paul were the only candidates to qualify for the primary ballot in Virginia.

The judge who decided the case, U.S. District Judge John A. Gibney, said they should have challenged it when they first began their campaigns in Virginia. "In essence, they played the game, they lost, then they complained about the rules," Gibney said.

The judge agreed with Perry and said the Virginia provision is likely unconstitutional, but he could not strike it down because the only question put before him was the candidate's request for a preliminary injunction not a trial on the merits.

After failing to qualify, Perry and his fellow plaintiffs filed their appeal with the 4th U.S. Circuit Court of Appeals, but now that he has dropped out of the race it's not clear whether the lawsuit will continue.

The question is clearly moot in Perry's case. Dr. Charles W. Dunn, professor of government at Regent University, said Perry needed to drop out of the race. "He's been weighed in the balances and found wanting," he said.

And it may well be moot for Santorum and Gingrich. They will not be on the Virginia ballot March 6, known as "Super Tuesday" for the number of delegates up for grabs that day among the 10 states holding caucuses or primaries, but by then the race is often essentially decided. Already six of the ten to throw their hat into the ring have withdrawn with three (Michelle Bachman, Huntsman, and Perry) leaving after only two state contests.

South Carolina's primary is tomorrow.

The Associated Press contributed to this report.