In a move that has left many political observers scratching their heads, the Supreme Court of Virginia has given new meaning to the term "prompt" in a high-stakes redistricting case. By setting a deadline for briefs on April 23 - two days after a crucial referendum vote on the redistricting plan - the court has placed itself in a precarious position that could have far-reaching consequences for the future of Virginia's electoral landscape.
A Referendum in Haste
The background is this: Virginia Democrats have been pushing for a mid-decade redistricting effort, seeking to offset similar actions in Republican-led states like Texas. Their proposed map would redraw the state's congressional districts in a way that could tilt the balance of power, flipping 10 of the 11 seats to favor Democrats.
However, this plan has faced stiff opposition from Virginia Republicans, who have argued that the Democrats are rushing the process and cutting procedural corners. To that end, the GOP filed a lawsuit challenging the validity of the upcoming referendum, which is scheduled for April 21.
The Court's Questionable Timing
What's puzzling about the Supreme Court's decision is the timing. By setting the deadline for briefs two days after the referendum, the court has effectively given itself an easy way out should voters reject the redistricting plan. As the Virginia Mercury notes, "A majority of votes for 'no' would render the lawsuit moot."
But if voters approve the measure, the court will find itself in a precarious position. Should it then rule in favor of the Republicans and overturn the will of the people, it would not only be overriding the legislative branch but also the expressed preference of Virginia voters. And all of this at the cost of $5 million in taxpayer money spent on a previously unplanned election.
The Bigger Picture
What this really means is that the Supreme Court of Virginia has inserted itself into a highly charged political battle, one that could have significant ramifications for the balance of power in the state and nationally. By delaying its ruling until after the referendum, the court has effectively put its thumb on the scale, potentially influencing the outcome through the mere threat of its intervention.
The bigger picture here is that redistricting has become a contentious partisan battleground, with both sides jockeying for advantage. And in Virginia, it seems the Supreme Court is not immune to these political pressures. As InSide NoVA reports, "The high court, which historically has avoided involving itself in legislative political disputes, appears to have given itself an out should voters defeat the redistricting play."
Ultimately, the fate of Virginia's congressional map may rest not in the hands of the legislature or the courts, but in the votes of the people. And the Supreme Court's curious timing in this case has only served to further muddy the waters.