How Virginia's top court might decide Democrats' gerrymandering fate
Transparency shouldn't be controversial.
Virginia Democrats are moving forward with plans to gerrymander their way to four more congressional seats — but they need help from the state’s top court.
After a lower court blocked Democrats’ efforts to amend the state Constitution and redraw federal congressional lines ahead of this fall’s midterm elections, the Virginia Court of Appeals requested the Virginia Supreme Court weigh in.
That puts the fate of the map — and potentially congressional control after the 2026 midterms — in the hands of a group of justices that observers say can be hard to predict.
Political and legal experts in Virginia agree the state Supreme Court is not overtly ideological, with many describing it as “small-c conservative,” leaning heavily on tradition and precedent rather than handing down ideologically right-wing rulings. And many observers say the court is wary of wading too heavily into political fights. But this time, it’s unavoidable.
“It's kind of a state Supreme Court tradition to stay away from political matters whenever they can. They like to leave the legislating to the legislature. So this is going to be a really interesting test of that tradition,” said Carolyn Fiddler of the Democratic Attorneys General Association, who attended William & Mary Law School in Virginia and worked in state politics.
Virginia is one of only two states where the legislature elects Supreme Court justices. Because the state has had divided control for much of the past quarter century, the balance of the court’s justices were appointed by bipartisan compromise. The court’s current seven members include one justice who was elected when Democrats had sole control of the General Assembly, three when Republicans controlled both chambers and three when control of the legislature was split.
“I voted for all these people – every one of them — and I don’t think any of them are overly political. And they shouldn’t be,” said Virginia House of Delegates Minority Leader Del. Terry Kilgore (R), who said he thinks the court will rule in his side’s favor. “They just should follow the law. If they do, we win.”
The question before the Virginia Supreme Court is not if, but when, new maps are allowed to go into effect — and whether they’ll be in place for this year’s midterms.
Gov. Abigail Spanberger (D) signed legislation scheduling a statewide referendum for April 21 last week, asking voters to grant state lawmakers the power to redraw federal Congressional lines immediately. It came a day after Democratic state lawmakers unveiled proposed maps that aim to tilt the congressional map 10-1, potentially handing Democrats four more House seats and leaving just one Republican in the federal delegation.
But a wrench was thrown in their plans when a circuit court judge in conservative Tazewell …
Transparency shouldn't be controversial.
Virginia Democrats are moving forward with plans to gerrymander their way to four more congressional seats — but they need help from the state’s top court.
After a lower court blocked Democrats’ efforts to amend the state Constitution and redraw federal congressional lines ahead of this fall’s midterm elections, the Virginia Court of Appeals requested the Virginia Supreme Court weigh in.
That puts the fate of the map — and potentially congressional control after the 2026 midterms — in the hands of a group of justices that observers say can be hard to predict.
Political and legal experts in Virginia agree the state Supreme Court is not overtly ideological, with many describing it as “small-c conservative,” leaning heavily on tradition and precedent rather than handing down ideologically right-wing rulings. And many observers say the court is wary of wading too heavily into political fights. But this time, it’s unavoidable.
“It's kind of a state Supreme Court tradition to stay away from political matters whenever they can. They like to leave the legislating to the legislature. So this is going to be a really interesting test of that tradition,” said Carolyn Fiddler of the Democratic Attorneys General Association, who attended William & Mary Law School in Virginia and worked in state politics.
Virginia is one of only two states where the legislature elects Supreme Court justices. Because the state has had divided control for much of the past quarter century, the balance of the court’s justices were appointed by bipartisan compromise. The court’s current seven members include one justice who was elected when Democrats had sole control of the General Assembly, three when Republicans controlled both chambers and three when control of the legislature was split.
“I voted for all these people – every one of them — and I don’t think any of them are overly political. And they shouldn’t be,” said Virginia House of Delegates Minority Leader Del. Terry Kilgore (R), who said he thinks the court will rule in his side’s favor. “They just should follow the law. If they do, we win.”
The question before the Virginia Supreme Court is not if, but when, new maps are allowed to go into effect — and whether they’ll be in place for this year’s midterms.
Gov. Abigail Spanberger (D) signed legislation scheduling a statewide referendum for April 21 last week, asking voters to grant state lawmakers the power to redraw federal Congressional lines immediately. It came a day after Democratic state lawmakers unveiled proposed maps that aim to tilt the congressional map 10-1, potentially handing Democrats four more House seats and leaving just one Republican in the federal delegation.
But a wrench was thrown in their plans when a circuit court judge in conservative Tazewell …
How Virginia's top court might decide Democrats' gerrymandering fate
Transparency shouldn't be controversial.
Virginia Democrats are moving forward with plans to gerrymander their way to four more congressional seats — but they need help from the state’s top court.
After a lower court blocked Democrats’ efforts to amend the state Constitution and redraw federal congressional lines ahead of this fall’s midterm elections, the Virginia Court of Appeals requested the Virginia Supreme Court weigh in.
That puts the fate of the map — and potentially congressional control after the 2026 midterms — in the hands of a group of justices that observers say can be hard to predict.
Political and legal experts in Virginia agree the state Supreme Court is not overtly ideological, with many describing it as “small-c conservative,” leaning heavily on tradition and precedent rather than handing down ideologically right-wing rulings. And many observers say the court is wary of wading too heavily into political fights. But this time, it’s unavoidable.
“It's kind of a state Supreme Court tradition to stay away from political matters whenever they can. They like to leave the legislating to the legislature. So this is going to be a really interesting test of that tradition,” said Carolyn Fiddler of the Democratic Attorneys General Association, who attended William & Mary Law School in Virginia and worked in state politics.
Virginia is one of only two states where the legislature elects Supreme Court justices. Because the state has had divided control for much of the past quarter century, the balance of the court’s justices were appointed by bipartisan compromise. The court’s current seven members include one justice who was elected when Democrats had sole control of the General Assembly, three when Republicans controlled both chambers and three when control of the legislature was split.
“I voted for all these people – every one of them — and I don’t think any of them are overly political. And they shouldn’t be,” said Virginia House of Delegates Minority Leader Del. Terry Kilgore (R), who said he thinks the court will rule in his side’s favor. “They just should follow the law. If they do, we win.”
The question before the Virginia Supreme Court is not if, but when, new maps are allowed to go into effect — and whether they’ll be in place for this year’s midterms.
Gov. Abigail Spanberger (D) signed legislation scheduling a statewide referendum for April 21 last week, asking voters to grant state lawmakers the power to redraw federal Congressional lines immediately. It came a day after Democratic state lawmakers unveiled proposed maps that aim to tilt the congressional map 10-1, potentially handing Democrats four more House seats and leaving just one Republican in the federal delegation.
But a wrench was thrown in their plans when a circuit court judge in conservative Tazewell …
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