WASHINGTON — Virginia’s supreme court Tuesday let stand a temporary lower-court block on certification of a state referendum designed to give Democrats four more congressional seats.
The justices’ decision does not necessarily mean they will ultimately rule that the passage of the referendum was unconstitutional under state law — as GOPers are arguing.
But the ruling at least handed a short-term victory to Republicans because it delays the implementation of the referendum for now.
The justices are still weighing an overall challenge to the referendum based on procedural grounds. They fielded oral arguments in the matter Monday.
They then wrote in Tuesday’s decision, “Upon consideration whereof, the Court denies the motion’’ to overrule the temporary stay, without further elaboration..
The referendum was narrowly approved by Virginians last week by a 51.7% to 48.3% margin.
A day later, a Tazewell County-based judge blocked it from being certified thanks to an appeal from Republicans.
Democrats then took that ruling to the state’s highest court, which refused to side with them at the moment.
The stakes of the case could help determine the balance of power in Washington after the midterm elections.
Virginia has six Democrats and five Republicans in its congressional delegation.
The Dem-driven state legislature is eyeing a new map under the referendum that would be favorable to a 10-1 Democrat to Republican split based on the partisan breakdowns of district lines.
Republicans have challenged the referendum by raising technical concerns about the process Democrats used to wrangle it through.
The legal fight is just the latest in a rare redistricting push across the country that has broken out ahead of the midterms and in the middle of censuses, which are traditionally used to help determine voting districts.
Republicans are currently eyeing redistricting opportunities in Florida, Mississippi and elsewhere in response to the potential Democratic gains in Virginia.
