A state judge on Tuesday ruled against Democrats’ redistricting efforts in Virginia, which Democrats quickly said they would appeal.
Judge Jack S. Hurley Jr. ruled that the state constitutional amendment passed by Democrats in order to redraw their district maps, which could net Democrats several House seats in this year’s midterm elections, is unconstitutional because the process they used to pass the constitutional amendment is invalid.
“The simple fact is that the rules cannot be rewritten on the fly to suit the political ambitions of those in power,” the Republican Party of Virginia’s acting chair, Kristi Way, said in a statement cheering the ruling. “Democrats in Richmond have attempted to jam through a major constitutional change by violating clear-cut procedures, ignoring long-standing statutory requirements, and disregarding the plain text of our Constitution.”
Virginia Democrats, who paved the way to new maps in the Virginia General Assembly along party lines, have yet to publicly say what the maps would look like. After the passage of the constitutional amendment in the General Assembly earlier this month, lawmakers began to plan for an April 21 special election.
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Republican leaders quickly filed suit in Tazewell County, where they found Hurley in agreement.
“We will be appealing this ruling immediately and we expect to prevail,” said a joint statement from Democratic leadership in the Virginia House of Delegates and state Senate. “This was court-shopping, plain and simple. We’re prepared for the next step, and voters - not politicians - will have the final say.”
Virginia currently has six Democrats and five Republican representatives in the House.
“We always knew this would be a fight— because this has never been about what’s easy. It’s about what’s right: leveling the playing field and protecting the right to vote,” the speaker of the Virginia House of Delegates, Don Scott, said on social media. “Today’s ruling won’t deter us. Republicans who can’t win at the ballot box are abusing the courts to sow confusion and block Virginians from voting. We will appeal immediately, and we expect to prevail. Voters—not politicians—will have the final say.”
National Democrats are closely watching this case.
“This rogue decision is a disappointing, but temporary setback issued by a lower court that will be immediately appealed - where we’re confident it will be overturned,” Julie Merz, the Democratic Congressional Campaign Committee’s executive director, said in a statement. “The order issued today has no constitutional basis, but is instead a desperate attempt to keep electoral power out of the hands of Virginia voters.”
Virginia is one of the states currently involved in the nationwide redistricting arms race. It would be the second blue state to redistrict if Democrats are successful in their appeal, and if voters approve the maps.
It’s not the only one of those states caught up in litigation. California Republicans vowed in early January to appeal a decision that upheld the voter-approved maps favoring Democrats in their state. In December, the Supreme Court also upheld Texas’ redrawn maps, which favor Republicans.
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