2012.02.10
Federal lawsuit over congressional redistricting dismissed
A federal judge has dismissed a lawsuit filed in November by six Virginia plaintiffs who wanted the court to draw a congressional redistricting plan.
The U.S. District Court in Alexandria dismissed the case today, partly because the General Assembly has passed a congressional redistricting plan that rendered the lawsuit moot, Attorney General Ken Cuccinelli said.
“We are pleased that the court has granted the Motion to Dismiss,” Cuccinelli said in a news release late today. “Both the United States Constitution and the Virginia Constitution provide that redistricting should be handled by the General Assembly. Because the General Assembly has now completed the required redistricting, it was appropriate for the court to decline to become involved.”
The plaintiffs in the lawsuit wanted a three-judge panel invalidate Virginia’s current congressional districts and draw a new map that would take effect for the 2012 elections. At the time the lawsuit was filed, the politically divided General Assembly had failed to reach an agreement on a congressional redistricting plan. The plaintiffs argue that the state constitution required lawmakers to draw new districts in 2011.
After Republicans took working control of the Senate last month, the General Assembly swiftly approved a congressional redistricting plan and Gov. Bob McDonnell signed it into law. It still must get pre-clearance from the U.S. Department of Justice to be in place for the November elections.
The federal lawsuit is similar to a state case that another group of plaintiffs has filed in Richmond Circuit Court. The plaintiffs in that case argue that the General Assembly forfeited its authority to draw new congressional districts when it failed to act in 2011, and they want the court to draw new district lines. A motions hearing in that case is set for Monday.
– Michael Sluss
