Virginia Republicans grouped too many African-Americans into a single congressional district, violating the 14th Amendment and diminishing black influence across the state, according to a decision handed down from the U.S. District Court for the Eastern District of Virginia.
“We conclude that … race, was the [legislature’s] predominant purpose … underlying [the district’s] racial composition in 2012,” the court’s statement read.
The 3rd Congressional District – the district in question – contains parts of Newport News, Norfolk and Richmond, and all of Portsmouth and Petersburg. Rep. Bobby Scott, D-Va., has represented the district since 1993. Scott is running unopposed this year, and has consistently won re-election with large margins.
In a statement on his website, Scott said he was not involved in the lawsuit, but he hopes the Virginia General Assembly will “more equitably and appropriately balance the influence of all Virginia’s voters, as mandated by this decision, when they redraw the 3rd Congressional District and adjacent congressional districts next session.”
The state attorney general’s office can appeal the decision with the Supreme Court, but it’s not yet apparent whether Attorney General Mark Herring, a Democrat, intends to do so.
The decision comes too late for the state to redraw its 11 districts before next month’s midterms, but if the ruling goes uncontested, the Virginia legislature has until April 1, 2015, to remap the congressional districts.
It’s not clear yet exactly what impact a new electoral map could have in Virginia. It could benefit Democrats – Virginia is currently more purple than red – and a new design could spread the reliably Democratic African-American votes among more districts. Despite its Democratic Governor, Terry McAuliffe, and the fact that it narrowly supported Obama in both of his two elections, only three of its 11 congressional districts are represented by Democrats.
The map will still be drawn by Republican majorities in the Virginia Legislature, who are likely to seek to avoid giving the rival party any advantage. But if Gov. McAuliffe vetoes the a new Republican map, it could be sent back to the courts to be redrawn.
Lawsuits regarding redistricting to reflect population shifts following the 2010 census have been filed in 38 states. In July, a Florida judge threw out that state’s new electoral map, saying the districts “made a mockery” of government transparency. And the Supreme Court is expected to consider a case in November brought forth by the Alabama Legislative Black Caucus, which makes a similar complaint.
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