Virginia Attorney General Jay Jones and Democratic leaders in the state General Assembly on Monday asked the US Supreme Court to block a ruling against a ballot measure establishing new voter-approved congressional districts that favored Democrats.
The Virginia Supreme Court on Friday delivered a blow to the Democratic battle against President Donald Trump’s gerrymandering campaign when it struck down a political map that Virginians had narrowly backed last month. The new districts could help Democrats secure up to four seats in the US House of Representatives in the November midterm elections.
Jones, Speaker of the Virginia House of Delegates Don Scott (D-88), state Senate Majority Leader Scott Surovell (D-34), and Senate President Pro Tempore L. Louise Lucas (D-18) are seeking a stay, arguing that based on a “novel and manifestly atextual interpretation” of the Virginia Constitution, the state Supreme 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.”
“A stay is warranted because the decision by the Supreme Court of Virginia is deeply mistaken on two critical issues of federal law with profound practical importance to the nation. The decision below violates federal law in two separate ways,” the emergency application says. “First, it predicated its interpretation of the Virginia Constitution on a grave misreading of federal law, which expressly fixes a single day for the ‘election’ of representatives and delegates to Congress.”
“Second, by rejecting the plain text of the Virginia Constitution’s definition of the term ‘election’ to adopt its own contrary meaning, the Supreme Court of Virginia ‘transgressed the ordinary bounds of judicial review such that it arrogated to itself the power vested in the state legislature to regulate federal elections,’” the application continues.
The filing also stresses that “the irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate. By forcing the commonwealth to conduct its congressional elections using districts different from those adopted by the General Assembly pursuant to a constitutional amendment the people just ratified, the Supreme Court of Virginia has deprived voters, candidates, and the commonwealth of their right to the lawfully enacted congressional districts.”
The Associated Press noted that “Democrats are taking a legal long shot in asking the justices to reverse the Virginia ruling. The Supreme Court tries to avoid second-guessing state courts’ interpretations of their own constitutions. In 2023, it turned down a request by North Carolina Republicans to overrule a state Supreme Court decision that blocked the GOP’s congressional map.”
The high court also has a right-wing supermajority that includes three Trump appointees—and which gutted the remnants of the Voting Rights Act in a ruling related to Louisiana’s congressional districts late last month.
Under current conditions, Republicans are expected to pick up seats in Florida, Missouri, North Carolina, Tennessee, and Texas due to redistricting demanded by Trump, while Democrats are expected to win more districts in California, where voters also approved new political lines benefiting them.
The Washington Post reported Monday that “some top Democrats express little hope that the appeal will affect this November’s congressional midterms and are pivoting to waging campaigns in the state’s existing districts.”
According to the newspaper:
Surovell (D-Fairfax) said “the practical realities of our election calendar” will prevent candidates from running in new maps even if conservative justices on the USSupreme Court were open to helping Virginia Democrats.
Tuesday is the deadline set by state elections officials for putting the ballot mechanisms in place. Surovell noted that Virginia’s elections software is antiquated and overdue for replacement.
Instead, Democrats are making the case that it’s time to work with the cards they have in hand.
“Since we can’t control anything other than mobilizing and organizing, then let’s mobilize and organize and turn our anger into fuel for that,” Rep. Jennifer McClellan (D-Va.) said.
In a Monday letter to fellow congressional Democrats, US House Minority Leader Hakeem Jeffries (NY) called out the “vicious Republican assault on the right to vote, free and fair elections, and Black political representation in the South,” and pledged that “our effort to forcefully push back against the Republican redistricting scheme will not slow down.”
Jeffries also announced a caucus-wide briefing planned for Thursday “to discuss the steps Democrats are taking to advance the largest voter protection effort in modern American history,” and declared that “Democrats will take control of the House of Representatives in November.”
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