A federal appeals court rejected Virginia's bid to restore a congressional district map that would have bolstered Democratic electoral prospects. The state sought to reinstate the map after a lower court struck it down as an unconstitutional partisan gerrymander.
The Fourth Circuit Court of Appeals upheld the district court's finding that Virginia's map violated the First Amendment and the Equal Protection Clause by diluting the voting power of Republican voters through partisan sorting. The lower court had determined that state legislators deliberately packed Democratic voters into certain districts while spreading Republicans across others to minimize Republican representation.
Virginia argued the map served legitimate purposes beyond partisan advantage, including compliance with the Voting Rights Act and respect for communities of interest. The appeals court rejected this rationale, finding the state's justifications pretextual. Evidence showed that partisan advantage was the predominant factor driving the map's design.
This decision carries weight beyond Virginia's borders. Courts nationwide have grappled with whether partisan gerrymandering violates constitutional protections. While the U.S. Supreme Court held in Rucho v. Common Cause that federal courts lack authority to police partisan gerrymanders under the Constitution, state courts retain power to strike down gerrymanders under state constitutions and state law.
The Fourth Circuit's reasoning emphasizes that partisan gerrymanders can violate the First Amendment when they target voters based on their political affiliation. This theory differs from the pure partisan gerrymandering claims the Supreme Court rejected in Rucho, potentially creating space for continued federal litigation in other circuits.
For Virginia and other states, the ruling signals that federal courts will scrutinize maps when evidence shows intentional partisan sorting designed to suppress one group's voting strength. States cannot cloak partisan intent behind neutral rationales without credible supporting evidence.
The decision leaves Virginia's congressional delegation shaped by a court-drawn interim map pending the state's next redistricting cycle in 2
