Virginia's high court heard arguments Monday on whether the state's Democratic-led legislature followed constitutional requirements when it placed a congressional redistricting amendment before voters, building on previous coverage of lower court rulings that halted certification.
What the Left Is Saying
Attorney Matthew Seligman, who defended the legislature, argued that "election" should be defined narrowly to mean just the Tuesday of the general election. Under that interpretation, he said, the legislature's first vote on the redistricting amendment occurred before the election and was constitutional.
Supporters of the referendum say it represents the will of Virginia voters, who approved the measure 51%-49% last November. They argue continued legal challenges undermine democratic process after voters already weighed in on the matter.
What the Right Is Saying
Attorney Thomas McCarthy, arguing for plaintiffs challenging the map, said "election" means the entire period during which people can cast ballots, which lasts several weeks in Virginia due to early voting. If that's correct, he argued, then the legislature's initial endorsement came too late to comply with the state constitution.
Republicans contend the General Assembly violated procedural rules by placing the constitutional amendment before voters without meeting the requirement of approval in two separate legislative sessions with a statewide election sandwiched between them.
What the Numbers Show
Virginia currently holds six Democrats and five Republicans in its U.S. House delegation, elected from court-imposed districts after a bipartisan redistricting commission failed to agree following the 2020 census.
The new districts, which narrowly won voter approval last November, could give Democrats an improved chance to win 10 of Virginia's 11 congressional seats.
Republicans have filed at least two additional legal challenges beyond this case, both winding through courts. A judge in Tazewell County ruled in January that lawmakers failed to follow their own rules for adding the redistricting amendment and initially approved it after early voting had already begun.
The Bottom Line
The Virginia Supreme Court placed a lower court order on hold in March, allowing last November's vote to proceed before hearing arguments. Monday's proceedings mark the latest twist in an ongoing national redistricting battle that will affect the balance of power in the U.S. House.
A ruling from the court is expected promptly, with implications for whether Democrats could net four additional seats under revised districts or whether Republicans succeed in invalidating last week's statewide vote.