Responses due in Virginia redistricting appeal

By Shirleen Guerra
The Center Square

Responses are due by 5 p.m. Thursday in Virginia’s emergency appeal to the U.S. Supreme Court over the commonwealth’s congressional redistricting dispute, as outside groups and legislative officials continue weighing in ahead of any action from the court.

Chief Justice John Roberts earlier this week ordered responses to the emergency stay request filed by Virginia House Democrats and state officials after the Virginia Supreme Court voided the Commonwealth’s April redistricting referendum.

The May 8 ruling found lawmakers missed a constitutional deadline because early voting for the November 2025 House of Delegates elections had already begun when the General Assembly approved the amendment on Oct. 31.

Three outside groups have now filed amicus briefs in the case.

The NAACP Virginia State Conference and Advancement Project filed in support of the stay request, saying the Virginia Supreme Court adopted an incorrect interpretation of election law.

The NAACP brief argues the ruling effectively discarded more than 3.1 million ballots cast during the referendum.

A separate filing from West Virginia Attorney General John B. McCuskey opposed the stay request, saying the dispute centers on Virginia constitutional law and does not present a federal question for the U.S. Supreme Court to review.

The West Virginia filing also said changing course this close to the 2026 election cycle could create confusion for voters and election officials ahead of 2026.

“A stay would only further compound the confusion, inviting a whiplash situation in which elections are held under new maps for just one election, only to revert to the old maps for the next, all at the behest of this court,” the filing states.

The American Center for Law and Justice also opposed the stay and said the amendment process violated additional state constitutional requirements involving timing and ballot language.

The clerks of the Virginia House of Delegates and Virginia Senate also filed a response Thursday supporting the emergency application, saying legislative immunity issues tied to the case were not addressed in the Virginia Supreme Court’s May 8 ruling.

Roberts has not indicated when the court may act after responses are filed. The court could rule quickly, request additional briefing or take no immediate action.