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Does this affect Virginia's gerrymandering?

Posted on 4/29/26 at 8:09 pm
Posted by BFIV
Virginia
Member since Apr 2012
8808 posts
Posted on 4/29/26 at 8:09 pm
Just wondering if today's SCOTUS decision will impact the pending gerrymandering lawsuit decision in Virginia's Supreme Court? When you see Virginia's proposed redistricting map, it certainly looks race influenced to me.
Posted by STEVED00
Member since May 2007
23151 posts
Posted on 4/29/26 at 8:12 pm to
No. This decision outlaws race based gerrymandering.
Posted by scrooster
Resident Ethicist
Member since Jul 2012
43425 posts
Posted on 4/29/26 at 8:12 pm to
Yes and no.

Yes, it sends a message to the lower courts that they either get it right or it will be overturned. (Virginia's map is doomed.)

No ... Virginia's map wasn't based on race. It was based upon heavily dark blue population centers having power over rural communities.

The appeal was based upon the poor wording of the ballot initiative itself.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115034 posts
Posted on 4/29/26 at 8:21 pm to
quote:

The appeal was based upon the poor wording of the ballot initiative itself


But if VA SC does not overturn, that's where it ends. Surely a question of the interpretation of state law.

SCOTUS has made it clear that purely political gerrymandering is ok.
Posted by Archives
Member since Mar 2026
203 posts
Posted on 4/29/26 at 8:27 pm to
I don't know how they could quantify it, but they have to create a law/ provision to not have one county / metro area in a State be a part of a majority of an entire state's congressional representation.
I am confident it should be left to the States, but something needs to be done about that.
Liberals in Fairfax County or Arlington County that live and breathe for the US government have zero in common with rural residents of the Appalachian mountains.
Posted by scrooster
Resident Ethicist
Member since Jul 2012
43425 posts
Posted on 4/29/26 at 8:38 pm to
quote:

But if VA SC does not overturn, that's where it ends. Surely a question of the interpretation of state law.

SCOTUS has made it clear that purely political gerrymandering is ok.

The referendum wording was misleading and disingenuous.

If the VA Supreme Court decides against or for the referendum ... it'll be appealed and the map will be overturned, eventually. Certainly not in time for the midterms.

Now, will the VA Supreme Court rule that the map is constitutional ... well, it's really just on hold (the implementation) right now, we're waiting on their decision. But the fact that they put it on hold is a good sign.

Keep in mind, the Virginia Supreme Court heard oral arguments Monday and announced yesterday that results cannot be certified until the constitutionality of the referendum is resolved, making it the final arbiter.

But could the VA Supreme Court's decision be appealed to a Federal District Court (I think they're in the 4th Circuit, which is notoriously liberal) and could it make its way to SCOTUS?

Technically yes, IF there is a federal case to be made regarding the wording of the referendum.

At least that's how I understand it. But if the VA SC rules it was unconstitutional wording ... pretty sure it stops there and the new, redrawn map is null and void.

Does that mean another vote could happen with a reworded referendum?

Technically yes but, the Democrats barely won this last time and they know, given all the attention this case has drawn, that they'd likely lose the 2nd time around.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115034 posts
Posted on 4/29/26 at 8:40 pm to
SCOTUS is only avenue for relief from state court of last resort and it rarely gets involved in questions purely of state law.
This post was edited on 4/29/26 at 8:42 pm
Posted by scrooster
Resident Ethicist
Member since Jul 2012
43425 posts
Posted on 4/29/26 at 8:46 pm to
quote:

SCOTUS is only avenue for relief from state court of last resort and it rarely gets involved in questions purely of state law.

Thanks ... that's even better. Leave it out of the 4th Circuit Court's hands and let SCOTUS turn it down.

Because the VA SC has almost got to rule that the wording of the referendum was unconstitutional.

Posted by Wally Sparks
Atlanta
Member since Feb 2013
32699 posts
Posted on 4/29/26 at 8:50 pm to
quote:

but they have to create a law/ provision to not have one county / metro area in a State be a part of a majority of an entire state's congressional representation.


If the area or county has a majority of population in that state, you can’t get around that.
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