Virginia Long Lines

Lee v. Virginia State Board of Elections

Successfully represented the Democratic Party of Virginia and two Virginia voters in settlement negotiations with the Virginia State Board of Elections and the Virginia Department of Elections that culminated in a favorable consent decree in which the Board and Department agreed to take critical, significant steps to remedy Virginia’s historical problem with long wait times to vote.

Read the consent decree here.

Virginia House of Delegates Racial Gerrymandering

Virginia House of Delegates v. Bethune-Hill

Constitutional challenge to the Virginia House of Delegates redistricting map on behalf of 12 Virginia voters. Plaintiffs contend that 12 of the House Districts drawn as part of that redistricting plan are racial gerrymanders in violation of the Fourteenth Amendment’s Equal Protection Clause. We secured a significant victory on behalf of Virginia voters when the United States District Court for the Eastern District of Virginia held that 11 of the House of Delegates districts were unconstitutional racial gerrymanders. The Virginia House of Delegates appealed that decision, and we argued the appeal before the U.S. Supreme Court on March 18, 2019. In a 5-4 decision by Justice Ginsburg, the U.S. Supreme Court dismissed the appeal, holding that the House of Delegates lacked standing to appeal the invalidation of the redistricting map. Accordingly, the remedial map was implemented for the November 2019 elections.

Read the Supreme Court opinion here.

Virginia Congressional Racial Gerrymandering

Wittman v. Personhuballah

Secured a unanimous victory in the U.S. Supreme Court on behalf of several Virginia voters who challenged Virginia Congressional District 3, a majority-minority district, as an unconstitutional racial gerrymander as it was constructed in Virginia’s 2012 congressional redistricting map. In October 2013, voters in Virginia’s third Congressional District instituted this lawsuit alleging that the state legislators unconstitutionally allowed race to predominate in the redrawing of the third Congressional district in violation of the Fourteenth Amendment. In October 2014, a three-judge panel struck down the plan, finding it to be an unconstitutional racial gerrymander. Page v. Virginia State Bd. of Elections, 58 F. Supp. 3d 533 (2014). After remand from the Supreme Court in light of a recent racial gerrymandering case, the three-judge panel again found that the third congressional district was a racial gerrymander. Page v. Virginia State Bd. of Elections, 2015 WL 3604029, at *19 (E.D. Va. June 5, 2015). In a vote of 8-0, the Supreme Court dismissed the Virginia Republican congressional delegation’s appeal, finding that the delegation lacked standing.

Read the Supreme Court opinion here.

Virginia CD-2 Nomination Petition Fraud Litigation

Democratic Party of Virginia v. Piper

Challenging the fraudulent petition of an Independent candidate for Virginia’s 2nd congressional district who was backed by the incumbent Republican.

Read the order here.

Virginia Special Primary Election (2014)

Lambert v. Democratic Party of Virginia et al.

Defending the Democratic Party of Virginia over the rules of a 2014 special primary election.

Read the opinion here.