GOP turns to courts in Virginia redistricting fight

The fight over redistricting in Virginia is far from over, Republicans say, after voters on Tuesday narrowly approved a plan to redraw the commonwealth’s congressional districts in order to pick up as many as four seats.

The GOP’s attention now turns to the courts, where Republicans hope the new map will be struck down.

Three cases are before the courts — two in the Virginia Supreme Court, one in Richmond circuit court — and in Southwest Virginia, a judge weighed in on another case Wednesday, ruling the referendum was unconstitutional. In that Tazewell County ruling, the judge said the legislation that set up the special election violated a host of laws, and he ordered the special election results not be certified and congressional districts not be altered.

In three of the cases, Republican plaintiffs argue Democrats violated state law or the constitution in the way they rushed the special election to the  voters.

The Virginia Supreme Court will hear oral arguments Monday in one case, U.S. Rep. James Walkinshaw, D-11^th District, who celebrated victory with Democrats Tuesday night, questions where the court would upend the election results.

“I think it would be outrageous for the court at this juncture to overrule the voters,” he said.

Former Virginia Attorney General Ken Cuccinelli says when the court put a pause on the challenge and ruled the referendum could move forward, it had a warning.

“The court made it very clear. They actually said, and this is unusual, that we have significant concerns when they held the case in abeyance,” he said. “To make any comment like that at all is very unusual.”

Attorney General Jay Jones said his office prepared to defend the special election process and the maps.

“I am so proud of my team for stepping in and working tirelessly to make sure that this continues to move forward,” he said, “So, we will take everything as it comes and continue to work diligently on behalf of the people of Virginia.”

Jones said he will immediately appeal the ruling in Tazewell County.

Virginia House Minority Leader Del. Terry Kilgore was disappointed with the special election loss but predicts a different outcome in the end when all the court challenges are decided.

“We still lost but we’re going to win, ultimately, in the courts,” he said.

The Virginia Supreme Court also is expected to make a faster-than-usual decision after hearing arguments as the clock is already ticking for congressional candidates to gather voter signatures to get on the ballot.