RICHMOND, Va. — Virginia Democrats are promising to appeal a state judge's ruling that declared their proposed constitutional amendment to redraw the state's 11 congressional districts illegal.
The ruling comes as Republican-led states have begun redistricting efforts at President Trump's urging to gain more seats before November's election. In response, Virginia Democrats launched their own effort to increase the 6-5 advantage they currently hold in congressional seats.
However, redrawing districts requires a constitutional amendment that must pass in two separate legislative sessions with a general election in between.
A Tazewell County judge ruled that Democrats failed to follow their own rules, did not pass the amendment before early voting began and did not publish the amendment three months before the election.
Democrats say they will appeal to the Virginia Supreme Court, though their prospects remain uncertain according to political analysts.
"You would have to be a genius to know how the Supreme Court is going to come down on this right now, because by and large, you know, typically, I can see them looking at it in two ways," Dr. Bob Holsworth, a political analyst for WTVR CBS 6, explained. "One, they could say that this plain language of the code is still there. The Democrats didn't meet that criteria. On the other hand, sometimes courts are very reluctant to get in and tell legislatures that they have violated their own rules in some ways, and if the legislature wants to do it in some ways, they may defer to it."
Holsworth expects the Virginia Supreme Court to expedite the case. Democrats say the referendum remains scheduled for April 21.
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