Democrats Throw Hail Mary to Supreme Court as GOP Steal Seats
Democrats asked the Supreme Court Monday to block a state judiciary ruling that upended their redistricting effort.
The Virginia Supreme Court ruled Friday that the proposed maps were essentially invalid because state Democrats did not follow proper procedure. In Virginia, the General Assembly is required to pass a constitutional amendment not just once, but twice. The first vote must be conducted during a regularly scheduled legislative election, while the second vote has to take place after, before the question is put to voters.
The court ruled last week that, although state Democrats complied with those regulations, the timeframe in which it was conducted was compromised since early voting on the matter was already underway. The party’s unsuccessful counterargument turned to long-standing decisions by the U.S. Supreme Court, which has held that even if early voting is underway, an election does not happen until Election Day itself.
Virginians narrowly passed the referendum last month, despite a 2020 state policy that relegated redistricting to 10-year intervals aligned with the national census. Roughly 50.3 percent of the state voted in favor of redrawing the voting map, giving their representatives a chance to squeeze more Democratic seats into the U.S. House at midterms.
The new maps were expected to alter the state’s congressional split to overwhelmingly favor Democrats, switching from a 6–5 split to 10–1.
“The Court overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected,” wrote lawyers for Virginia Democrats and the state’s Democratic Attorney General Jay Jones, in a statement obtained by the Associated Press. The attorneys added that “the irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate.”
The judicial decision was a major setback for the national liberal party, which had placed enormous weight on Virginia to offset successful Republican redistricting efforts in other areas of the country, such as Texas and Florida. The Supreme Court filing is an act of desperation as the party grasps for various solutions to offset the national Republican advantage heading into the midterm election cycle.
On Saturday, lawmakers met with Minority Leader Hakeem Jeffries to discuss other potential solutions in the wake of the Virginia decision, including a bank-shot proposal to redraw the state’s congressional lines anyway.
