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Virginia Democrats Ask US Supreme Court To Reinstate Congressional Map

Tyler Durden's Photo
by Tyler Durden
Authored...

Authored by Bryan Hyde via American Greatness,

Virginia Democrats, along with their state Attorney General, have asked the US Supreme Court to override the Virginia Supreme Court’s decision last week that struck down a partisan redistricting plan.

ABC News reports Virginia Attorney General Jay Jones wrote in the emergency application filed on Monday that the Virginia Supreme Court was “deeply mistaken” when it invalidated a ballot measure to amend the state constitution that would have netted Democrats as many as four new congressional seats.

The state Supreme Court had ruled last Friday, in a 4–3 decision, that Democrats had violated the state Constitution, by failing to follow proper procedures, while racing to get the measure on the ballot before the midterm elections.

According to SCOTUSblog, Virginia’s General Assembly adopted a new map in February that would have favored Democrats in 10 of the state’s 11 seats in the US House—a potential increase of four seats from the current balance between Democrats and Republicans in Virginia.

The new map hinged on obtaining approval for an amendment to the Virginia constitution that would give the state legislature the power to draw a new congressional map outside of the normal cycle following the decennial census.

In a referendum held in April, Virginia voters approved that amendment by a margin of three percentage points.

The Virginia Supreme Court ruled that the referendum was not valid because the General Assembly had not followed proper procedures when it put the new amendment on the ballot.

In Monday’s 24-page filing, Jones argued:

“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.”

Legal experts told ABC News last week that they believe Democrats have little chance of a successful appeal at the US Supreme Court because the state Supreme Court would be the highest authority dealing with state constitutional issues and no federal issues are at stake.

According to former Virginia Attorney General Ken Cuccinelli, “The Virginia Supreme Court is the final authority on Virginia constitutional questions. This is the end, folks. You will have the same map in 2026 that existed in 2024. That is now unchangeable and immutable.”

Politico reports that Chief Justice John Roberts, who oversees emergency appeals arising from Virginia, instructed the Republicans who challenged the Virginia referendum to respond to Jones’ appeal by Thursday at 5 p.m.

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