In the latest round of the redistricting battle President Donald Trump provoked last year, Virginia Democrats’ efforts to counter GOP gerrymandering gains took a hit in court. Meanwhile in Maryland, Democrats are taking tentative steps forward with their own redistricting plan.
So what’s going on?
Unlike in GOP-controlled states (Texas, Missouri, North Carolina) that passed new maps before voters could even blink, redrawing the congressional map in Virginia requires a legislative marathon – a constitutional amendment must pass twice in the General Assembly, then be approved by voters. That’s proving to be a challenge.
This week, a state court judge blocked* Virginia Democrats’ plan, ruling that the General Assembly failed to follow proper procedures and, therefore, the first vote on the redistricting amendment was null and void.
Democrats quickly appealed the order, calling the decision “legally flawed, unprecedented, and the product of court-shopping designed to block Virginians from voting on their own Constitution.”
Now the case goes before the state court of appeals. If Democrats are successful, they plan to send the proposed amendment to Virginia voters in April. Read more about Virginia redistricting here.
Across state lines, Gov. Wes Moore is still pushing hard for Maryland to become the third Democratic-controlled state to enter the fray and help counter Trump’s mid-decade gerrymanders. A Maryland House committee advanced a redistricting proposal this week, sending it to the full House of Delegates for a vote. But the path ahead is uncertain. Senate President Bill Ferguson (D) has made his opposition clear. Read more about Maryland redistricting here.
Democrats could gain up to five more seats in Congress if both Virginia and Maryland manage to enact new maps. But that is far from guaranteed and the stakes are high — especially with GOP-controlled Florida set to redraw its maps in April.
*Intervening defendants are represented in the lawsuit by the Elias Law Group (ELG). ELG Chair Marc Elias is the founder of Democracy Docket.