Judge Rejects Another Attempt to Block Virginia Redistricting

A Virginia judge Monday denied an effort to block a Democratic-led plan to redraw the state’s congressional map in response to President Donald Trump’s nationwide GOP gerrymanders. 

Three Virginia circuit court clerks filed a lawsuit Friday against Virginia state lawmakers* and staff, challenging the legality of the redistricting special session Democratic lawmakers held last week to pass a proposed constitutional amendment allowing the state to redraw its map. 

The court denied the clerks’ motion for a temporary restraining order and preliminary injunction, finding the court lacked power to intervene in the legislative process, and the plaintiffs lacked standing.

The lawsuit marks the second legal challenge to Virginia’s redistricting effort. 

Republican members of the Virginia Redistricting Commission, including three state lawmakers, filed a lawsuit Tuesday arguing only the governor can convene or expand the scope of a special session. The court denied the request for an emergency injunction and scheduled a follow-up hearing Nov. 5.   

Democratic lawmakers passed a proposed constitutional amendment Friday that would allow Virginia to make changes to its map until 2030 “in response to actions taken by another state.” 

The measure would need to pass again in the next session, which starts in January, before being approved by voters. Democrats currently hold majorities in both chambers of the Virginia legislature, with legislative elections Tuesday.

Defendants are represented by the Elias Law Group (ELG). ELG firm chair Marc Elias is the founder of Democracy Docket.