WASHINGTON (AP) — The Supreme Court on Friday rejected Virginia’s bid to restore a congressional map that would have given Democrats a chance to pick up four seats in the closely divided House of Representatives.
The court’s order is the latest twist in the nation’s mid-decade redistricting competition. It was kicked off last year by President Donald Trump urging Republican-controlled states to redraw their lines and was supercharged by a recent Supreme Court ruling severely weakening the Voting Rights Act that opened up even more winnable seats for the GOP.
In recent days, the justices have sided with Republicans in Alabama and Louisiana who hope to redo their congressional maps to produce more GOP-leaning seats following the court’s voting rights decision.
But the Virginia situation was different, stemming from a 4-3 ruling by the Virginia Supreme Court that struck down a constitutional amendment that voters narrowly passed just last month.
The state court found that the Democratic-controlled legislature improperly began the process of placing the amendment on the ballot after early voting had begun in Virginia’s general election last fall.
The Supreme Court typically doesn’t intervene in state court proceedings unless they present an issue of federal law. Virginia Democrats had hoped to persuade the justices that the Virginia court misread federal law and Supreme Court precedent that hold that, even if early voting is underway, an election does not happen until Election Day itself.
Virginia’s amendment had been intended as a response to Republican gains in Texas, Missouri, North Carolina and Ohio, and to blunt a new map in Florida that just became law. Once the Virginia amendment passed, it briefly turned the nationwide redistricting scramble into a draw between the two parties.
That was unraveled by the Virginia Supreme Court’s decision.
It’s possible Democrats could use the high court’s rejection of their bid, while also blessing Republican efforts in Alabama and Louisiana, in election-year messaging about a partisan Supreme Court.
The state’s top Democrats disagreed about whether it was even too late for help from the Supreme Court. “Time grows short, but it is not yet too late,” lawyers for the Democratic leaders of the legislature as well as the state told the justices in a brief filed Friday.
A day earlier, the office of Democratic Gov. Abigail Spanberger already had confirmed that the state will hold this year’s elections under the current districts established in 2021. Last month, Virginia Commissioner of Elections Steve Koski said a court order was needed by this past Tuesday to set the district lines for primary elections on Aug. 4.
The leader of the state’s Republican party said the justices made the right call. “Wisely, the Supreme Court of the United States has confirmed the judgment of the Supreme Court of Virginia,” state party chairman Jeff Ryer said. “This should once and for all put to rest the Democrats’ effort to disenfranchise half of Virginia.”
Congresswoman Jen Kiggans praised the Supreme Court's decision, calling it a "clear-cut example" that Democrats violated the Constitution with their redistricting efforts.
"The Supreme Court of the United States has thrown out the appeal to rehear the gerrymandering case in Virginia. This is a victory for Virginians and a clear-cut example that Virginia Democrats, under Abigail Spanberger’s leadership, violated the Virginia Constitution and our laws every step of the way to deprive Virginians of their voices in government and damage our democracy. I want to thank the United States Supreme Court for making the right decision in standing up for democracy and the rule of law."
Gov. Abigail Spanberger said, "The Supreme Court of the United States has now joined the Supreme Court of Virginia in choosing to nullify an election and the votes of more than three million Virginians. These Virginians made their voices heard — casting their ballots in good faith to push back against a President who said he’s “entitled” to more seats in Congress before voters go to the polls. As Governor, I will make sure voters know when and how to cast their votes this year. Because our votes are how we choose the representation we deserve."
In a statement sent to News 3, Attorney General Jay Jones slammed Republicans, Donald Trump, and the Supreme Court for overturning the bid to restore the map. Read his full statement below.
“Today’s one-sentence denial from the Supreme Court of the United States is yet another profoundly troubling example of the continued national attack on voting rights and the rule of law by Donald Trump, Republican state legislatures, and conservative courts. It leaves in place the deeply flawed ruling from the Supreme Court of Virginia, which overturned the results of a lawful election and erased the will of millions of Virginia voters.
Let’s be clear about what is happening. Donald Trump, Republican state legislatures, and conservative courts are systematically and unabashedly tilting power away from the people for Trump’s political gain. Just this past month in Louisiana, Tennessee, and South Carolina, they have redrawn their maps and diluted Black political representation because it threatens their hold on power.
This attack is not subtle. It is a coordinated effort to stack the deck in the Republican’s favor before the midterms, lock in political advantage, and make it harder for voters, especially Black voters and communities of color, to hold Trump and his allies accountable. There can be no doubt: Trump and his allies want only their most politically extreme supporters to have their voices heard in Washington. The Supreme Court of Virginia’s previous decision and today’s refusal by the United States Supreme Court to act are only bolstering these extreme MAGA voices.
Virginians demanded elected leaders who would fight back against these attacks on our democracy and on our freedoms. Those elected leaders followed the law and constitutional process, ultimately giving Virginia voters the choice to join the fight on redistricting and choose representatives who reflect their values in Congress. More than three million Virginians made their voices heard at the ballot box, and a majority voted “yes.”
The Supreme Court of Virginia contorted the plain language of our Constitution and our laws to undermine their will. Now the Supreme Court of the United States has allowed that injustice to stand.
This fight is far from over, and I am committed to fighting alongside you. I will be on the campaign trail, working tirelessly to support our Democratic candidates so we can win control of the House in spite of Republicans putting their thumbs on the scale.”
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