Virginia Supreme Court Rules Redistricting Vote Can Proceed 

Ahead of the state’s elections last November, the Virginia Grand Assembly made the shocking decision to begin a redistricting effort to counter Republican efforts to gerrymander their way to a victory in this year’s midterm elections. Predictably, Virginia Republicans weren’t thrilled about the surprise redistricting effort and have tried to fight it in court over the past several months. While a ruling by a lower court made it uncertain if the redistricting effort would make it to the ballot, the Virginia Supreme Court ruled on Wednesday that the vote could proceed as planned. 

According to AP, the Virginia Supreme Court struck down the temporary restraining order imposed by Tazewell Circuit Court Judge Jack Hurley Jr. last month. As Virginia’s redistricting effort requires an amendment to the state constitution to proceed, it must be approved through a voter referendum. Early voting starts this week, and had Hurley’s restraining order been allowed to stand, it would’ve effectively killed Virginia’s redistricting effort. 

“It is the process, not the outcome, of this effort that we may ultimately have to address,” the higher court’s ruling said. “Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision.”

Virginia Democratic House Speaker Don Scott applauded the state Supreme Court’s decision on Wednesday. “The Supreme Court of Virginia’s decision ensures that this referendum will move forward and that Virginians will have the opportunity to make their voices heard,” Scott said.

Virginia House Republican Minority Leader Terry Kilgore was unshaken by the ruling, believing that the redistricting effort would ultimately fail at both the ballot box and in the courts. “If we can throw this constitutional amendment out, what other constitutional amendments can we throw out over the next few years?” he told reporters following the ruling. “That’s not the way Virginia should be.”

While an unexpected entrant in the redistricting battle, Virginia could prove to be one of the most consequential. The map unveiled by Virginia Democrats would potentially give them a 10-1 advantage, adding four new House seats for the Party. Should the map be implemented, Democrats would have effectively neutralized the GOP’s redistricting efforts in Texas, North Carolina, and Missouri. 

It’s still unclear whether the new map will have the support of Virginia voters. Virginia is very much a purple state, and it was only in 2020 that voters approved a constitutional amendment to create an independent redistricting committee. With early voting set to begin on Friday, CBS News reports that former President Barack Obama has called on Virginia voters to vote yes on the redistricting effort. He released a video on Thursday, breaking down the various redistricting efforts implemented by Red States to protect the GOP’s control of Congress. 

“In April, Virginians can respond by making sure your voting power is not diminished by what Republicans are doing in other states,” Obama said in the video. “This amendment gives you the power to level the playing field in the midterms this fall.” 

According to the Virginia Independent News, Virginia Gov. Abigail Spanberger has also stressed to Virginia voters that the amendment would be temporary. In a video released on Thursday, she said that Virginia’s redistricting effort differed from those in Red states because control of the state’s maps would revert to the independent redistricting committee in 2030. 

“Our approach is different,” Spanberger said in a video released on Thursday. “First, it’s temporary. Second, it’s directly in response to what other states decide to do. Third, and most importantly for me, it preserves Virginia’s fair redistricting process into the future.” 

Even if voters ultimately approve the amendment, Virginia’s redistricting effort still faces several legal questions. The Virginia Supreme Court ruled that the vote could proceed, but it is still reviewing another ruling by Hurley that determined the entire redistricting process was illegal. Should the Supreme Court uphold that ruling, then it ultimately wouldn’t matter if voters approve the constitutional amendment. 

SEE ALSO:

Judge Blocks Voter Referendum For Virginia Redistricting

Federal Judge Rules Virginia Redistricting Effort Is Illegal

Virginia’s Proposed Congressional Map Gives Dems 10-1 Advantage