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Virginia Supreme Court sets oral arguments on redistricting

Attorneys likely will spar over a swath of issues on the validity of the referendum process

A sign urges early voters to vote “yes” on the Virginia redistricting referendum at the Ellen M. Bozman Government Center in Arlington, Va., last month.
A sign urges early voters to vote “yes” on the Virginia redistricting referendum at the Ellen M. Bozman Government Center in Arlington, Va., last month. (Bill Clark/CQ Roll Call)

The Virginia Supreme Court has scheduled oral arguments for Monday over a challenge to the validity of the redistricting referendum, the latest step in a fast-moving court battle over the commonwealth’s congressional map.

Monday’s oral arguments, stemming from a challenge brought by Republican Virginia Senate Minority Leader Ryan McDougle and other Republican officials, could determine the fate of a voter-approved map that could lead to Democrats in as many as 10 of the 11 congressional seats.

The scheduling announcement came the day after Judge Jack Hurley Jr. of the state Circuit Court of Tazewell County blocked the certification of the referendum following a hearing Wednesday in one of the lawsuits challenging the map.

Multiple groups of Republicans have challenged the referendum process in Hurley’s court since the start of the year, and the oral arguments Monday are officially based on a suit filed by McDougle. Hurley’s Wednesday ruling was in a case brought by the Republican National Committee, National Republican Congressional Committee and Rep. Ben Cline, R-Va.

Hurley has ruled against the referendum three times, finding legislators flouted the rules to place the measure on the ballot, and the commonwealth’s high court allowed the referendum to proceed rather than intervene before voters cast their ballots.

The oral arguments Monday will likely cover a swath of issues, ranging from the timing of the legislature’s process to start the ballot measure last year to the wording of the referendum itself.

Virginia’s legal battle comes amid the broader mid-decade redistricting arms race that Texas started last year at the behest of President Donald Trump. There, legislators redrew the state’s congressional map to target several seats held by Democrats.

California, Missouri and other states followed, each targeting seats held by the other party. Last fall California voters approved a referendum map targeting five of the state’s Republican House members.

The map approved by voters on Tuesday would favor Democrats in 10 of Virginia’s 11 congressional seats. Republicans currently hold five of Virginia’s House seats.

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