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Provided by AGPIn their filing, the Democrats argued that a suspension of the maps is necessary, claiming that the state court’s ruling rests on what they describe as a serious misinterpretation of federal election law.
The appeal states, “A stay is warranted because the decision by the Supreme Court of Virginia is deeply mistaken on two critical issues of federal law with profound practical importance to the Nation,” according to the filing.
It further argues that the state court wrongly interpreted the timing of federal elections, asserting, “First, it predicated its interpretation of the Virginia Constitution on a grave misreading of federal law, which expressly fixes a single day for the 'election' of Representatives and Delegates to Congress,” and adds, “Where a state court’s decision on purportedly state-law grounds was 'interwoven with the federal law,' this Court may intervene to ensure that the state court’s decision complies with federal law.”
The appeal also challenges the state court’s interpretation of the Virginia Constitution, stating, “Second, by rejecting the plain text of the Virginia Constitution’s definition of the term 'election' to adopt its own contrary meaning, the Supreme Court of Virginia 'transgressed the ordinary bounds of judicial review such that it arrogated to itself the power vested in the state legislature to regulate federal elections,'” according to the filing. It concludes that either of the alleged violations would be sufficient grounds for the Supreme Court to overturn the decision.
The case now places the dispute over Virginia’s congressional maps before the US Supreme Court, which will decide whether to intervene.
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