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Supreme Court is death knell for Virginia's Democratic-friendly congressional map

The U.S. Supreme Court
Andrew Harnik
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Getty Images
The U.S. Supreme Court

The U.S. Supreme Court refused Friday to allow Virginia to use a new congressional map that favored Democrats in all but one of the state's U.S. House seats. The map was a key part of Democrats' effort to counter the Republican redistricting wave set off by President Trump.

The new map was drawn by Democrats and approved by Virginia voters in . But on May 8, the Supreme Court of Virginia declared the referendum, and by extension the new map, because lawmakers failed to follow the proper procedures to get the issue on the ballot, violating the state constitution.

Virginia Democrats and the state's attorney general then appealed to the U.S. Supreme Court, seeking to put into effect the map approved by the voters, which yields four more likely Democratic congressional seats. In their , they argued the Virginia Supreme Court was "deeply mistaken" in its decision on "critical issues of federal law with profound practical importance to the Nation." Further, they asserted the decision "overrode the will of the people" by ordering Virginia to "conduct its election with the congressional districts that the people rejected."

that it would be improper for the U.S. Supreme Court to wade into a purely state law controversy — especially since the Democrats had not raised any federal claims in the lower court.

Ultimately, the U.S. Supreme Court sided with Republicans without explanation, leaving in place the state court ruling that voided the Democratic-friendly maps.

The court's decision not to intervene was its latest in emergency requests for intervention on redistricting issues. In December, the high court OK'd using a gerrymandered map that could help the GOP win five more seats in the U.S. House. In February, the court to use a voter-approved, Democratic-friendly map, adopted to offset Texas' map. Then in March, the U.S. Supreme Court of a New York map expected to flip a Republican congressional district Democratic.

And perhaps most importantly, in April, the that a Louisiana congressional map was a racial gerrymander and must be redrawn. That decision immediately set off a flurry of redistricting efforts, particularly in the South, where Republican legislators immediately began redrawing congressional maps to eliminate long established majority Black and Hispanic districts.

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Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.
Zoe Sobel