Just one day after the Supreme Court of Virginia (SCOVA) heard oral arguments regarding the legality of the legislative process used by Democratic lawmakers to present last week’s redistricting and gerrymandering referendum to voters, the court on Tuesday halted Democratic Attorney General Jay Jones’s weasel-like efforts to certify the results of that referendum.
The key focus of Tuesday’s ruling was the RNC v. Koski case. Jones filed an emergency motion to stay Tazewell Circuit Court Judge Jack Hurley Jr.’s decision, but the Supreme Court of Virginia (SCOVA) has now denied that motion. As a result, the “yes” vote from last week on the referendum— which authorized state lawmakers to redraw congressional boundaries—will not be certified for the time being.
Republican Delegate Wren Williams, who represents a conservative area of Virginia, explained SCOVA’s decision and provided additional context on its implications:
BREAKING: The Supreme Court of Virginia has denied the Attorney General’s Motion for Emergency Stay in RNC v. Koski – the one where he didn’t quote the ballot language.
One sentence. No dissent. No partial relief.
“Upon consideration whereof, the Court denies the motion.”
What this means in plain terms:
Jay Jones’ outside counsel from California asked the Court to allow the election process to proceed pending the rulings on the merits of the gerrymandering cases.
The Court said “no.” This stops the election from being certified for now.
The same Supreme Court that allowed the referendum to go forward in March, so voters could be heard, has now declined to override a final judgment finding the constitutional amendment process defective. Strong signal that process matters in Virginia.
The Attorney General asked the Court of Virginia to set aside a final order that exposed a ballot question he would not quote, an Article XII timeline he had to redefine, and a 1912 case that did not say what he needed it to say.
The Supreme Court said “no.”
The merits appeal continues. I will keep you posted as this develops.
In a follow-up tweet, Wren said SCOVA’s Tuesday denial was “crushing” for Democrats and added that for the time being, the gerrymander has been “stopped dead in its tracks”:
Basically, Jones asked SCOVA to allow the election process to go forward while we litigate. He asked to lift the 4/22 Tazewell injunction, attached.
This is the crushing Order that barred certification of the election, and declared it unconstitutional from the start, even found ballot language shameful.
Today though, SCOVA simply denied the Jones’ motion, and the underlying 4/22 Tazewell injunction barring the certification of the election stands and remains in full effect.
Now Dems are left with their appeal to SCOVA, and a special election that’s stopped dead in its tracks.
It remains to be seen what this ultimately means for the new Democrat-gerrymander map, but former Virginia AG Ken Cucinelli (R) thinks it is a good thing for rule-of-law Republicans in the state:
It comes in mens and womens and lets your friends know you're happy to express your views and don't care what anyone thinks! Cheers!
In the ‘tea leaves’ category, this is as positive a ‘tea leaf’ as one might imagine!
If #SCOVA thought they would let the referendum stand, then logically they would have lifted the injunction on counting & certifying the votes.
Caveat: this is still just tea leaves, but it’s a good sign.
