Virginia Supreme Court hears challenge to redistricting amendment

The Virginia Supreme Court heard arguments Monday on a Republican challenge to a congressional redistricting plan approved by voters last week that could help Democrats win as many as four additional U.S. House seats and turn a 6-5 delegate edge to 10-1.

“The proposed amendment is invalid for several reasons, any one of which is sufficient to invalidate the proposed amendment and require invalidation of the vote,” Thomas McCarthy, lawyer for the Republican challenge, concluded in the hour-long hearing on Monday.

The Republicans contend that the Democrat-led General Assembly violated procedural requirements by placing a constitutional amendment before voters to authorize mid-decade redistricting. If the court agrees that lawmakers broke the rules, it could invalidate the amendment and render last week’s statewide vote meaningless.

“It’s often said ours is a government of laws, not of men,” McCarthy continued. “Sadly, that’s not the case if a bare partisan majority can circumvent the constitutional amendment process and undermine the rights of the people in whom all government power ultimately rests – also, that partisan majority can transform our system from a nonpartisan one where the voters elected representatives into a partisan one where the representatives select their voters.”

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“We ask that the court enforce the constitutional amendment process by affirming the decision below, declaring the proposed amendment invalid and enjoin certification of the election,” he added.

Lawyers for Democratic legislative leaders urged the Virginia Supreme Court to uphold the amendment and clear the way for the new map, arguing voters and lawmakers followed every step required by the state Constitution. In rebuttal, attorney Matthew Seligman said, “The people did, in fact, validly ratify the proposed amendment last Tuesday,” and argued challengers were trying to undo a democratic process that had already been completed through legislative approval and a statewide vote.

Notably, the justices acknowledged the courts in Virginia only permitted the vote to be held amid the legal challenge.

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Seligman also argued to the justices the challengers’ case depended on reading limits into the Constitution that are not actually there. He argued the General Assembly controls its own procedures, that nothing in the Constitution barred lawmakers from acting as they did in special session, and that the legal meaning of “election” supports the state’s position that the amendment was passed before the relevant November election.

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He closed by saying that federal law and court precedent back the view that Election Day is a single day in November, defeating the challengers’ argument.

The Virginia court proceedings mark the latest twist in a national redistricting battle between Republicans and Democrats seeking an advantage in a November election that will determine whether Republicans maintain their narrow majority in the House.

The Associated Press contributed to this report.