Analysis: In Redistricting Case, Supreme Court of Virginia Gives New Meaning to ‘Prompt’

The Supreme Court of Virginia on Friday said a Republican lawsuit challenging the validity of a redistricting referendum set for April 21 is “of such imperative public importance as to … require a prompt decision.”

Supreme Court of Virginia greenlights redistricting referendum

Then the court set the deadline for briefs on April 23, two days after the election is slated to take place.

Democrats cheered the decision, as it clears the way for a statewide referendum asking voters to lift a constitutional ban on political gerrymandering so Virginia can engage in an unprecedented national redistricting battle.

Early voting begins on March 6.

The high court, which historically has avoided involving itself in legislative political disputes, appears to have given itself an out should voters defeat the redistricting play.

A majority of votes for “no” would render the lawsuit moot.

But if voters approve the measure, the high court has placed itself in an extremely difficult spot should the justices find in favor of Republicans. The Virginia GOP claims that the election is not valid because Democrats cut procedural and legal corners to rush the redistricting question to a vote in time for midterm  elections this November.

With such a finding, the court would not only overrule the legislative branch, but would overturn the will of Virginia voters. Not to mention $5 million in taxpayer money wasted on a previously unplanned election.

“It makes it extraordinarily difficult for them to reject it,” noted Bob Holsworth, a longtime Virginia political analyst.

With the election set for April 21, Virginia voters will now decide if they want to shift gears after six years ago voting overwhelmingly for a constitutional amendment that bans partisan gerrymandering.

A recent Christopher Newport University poll found that nearly two-thirds of Virginia voters favor a bipartisan Redistricting Commission. But a slight majority, 51%, supported a one-time exception that would allow Virginia to counteract Trump’s call for rigging maps in Republican states like Texas and North Carolina.

The poll was released on January 28, before Virginia Democrats released plans for a maximalist partisan gerrymander designed to flip all but one of the current five congressional seats represented by Republicans.

Holsworth said early indications would appear to favor a “yes” vote.

So far, Democrats appear to be more organized and have more money. A group supportive of the redistricting effort launched a $1.3 million statewide TV buy this week, financed by $5 million from a national Democratic “dark money” group.

And Democrats’ have a message – “stop Donald Trump” – that has resonated with many Virginians for the last decade.

“The choice is voting against Trump or voting for a non-gerrymandered map,” Holsworth said.

Those early advantages explain why a cheer erupted Friday in the Democratic caucus.

The court’s timetable may not fit everyone’s idea of speedy. But the timing was just right for Democrats.

by David M. Poole, Virginia Mercury

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