Virginia Democrats ask US Supreme Court to override state court on nixing redistricting plan
Virginia Democrats are asking the United States Supreme Court to override a decision by the state's highest court last week that struck down a voter-approved redistricting ballot measure ahead of the midterm elections.
In an emergency application filed Monday, Virginia Attorney General Jay Jones wrote that the Virginia Supreme Court was " deeply mistaken" when it invalidated the ballot measure, arguing the decision was predicated on a flawed understanding of "election day" and usurps the authority of state legislatures under the Constitution to supervise federal elections.
"The irreparable harm resulting from the Supreme Court of Virginia's decision is profound and immediate. By forcing the Commonwealth to conduct its congressional elections using districts different from those adopted by the General Assembly pursuant to a constitutional amendment the people just ratified, the Supreme Court of Virginia has deprived voters, candidates, and the Commonwealth of their right to the lawfully enacted congressional districts," Jones wrote.
The state court ruling last Friday concluded that Democrats had violated the state Constitution -- essentially failing to follow proper procedures -- while racing to get the measure on the ballot.
Legal experts who spoke with ABC News last Friday said they believed Democrats had little chance of a successful appeal at the U.S. Supreme Court, given that the state Supreme Court would be the highest authority dealing with state constitutional issues and that there were no clear federal issues at stake.
Democrats had hoped the election, which allowed them to redraw Virginia's congressional map, could lead to them being able to flip up to four seats in Congress. The subsequent state court decision was a major victory for Republicans.
The U.S. Supreme Court is not on a fixed timeline to act. Jones urged the justices to action quickly because "the window for orderly administration of Virginia's congressional elections is closing rapidly."
