The Virginia Supreme Court remanded the review of the General Assembly's newly redrawn congressional district lines back to the Circuit Court of the City of Richmond Tuesday, claiming that the lower court had failed to adequately review the evidence.
A group of Democratic state residents filed the initial suit, claiming the redistricting plan is unconstitutional because the General Assembly had not drawn the congressional district lines within a year of the last completed population census as required by the Virginia Constitution.
Geoff Skelley, media relations coordinator at the University's Center for Politics and former Cavalier Daily opinion columnist, said, "Attorney [General] Ken Cuccinelli tried to have the Virginia Supreme Court claim that the decision in the lower court in Richmond was unfounded, but the Virginia Supreme Court refused to halt the suit, so it will be allowed to continue."
Skelley said the Circuit Court will now continue to review the constitutionality of the redistricting plan.
"The elected representatives of the citizens of Virginia have passed a redistricting plan through legislative process, and we will continue to seek to protect the result of that process," according to a press release by the Attorney General's office.
Cuccinelli filed for an emergency clause to move congressional primaries from June 12 to Aug. 21 since the district lines have not been approved, Cuccinelli said.
"Congressional primaries currently scheduled for June may be disrupted if the new district lines are not approved by the federal government with the short time frame remaining," Cuccinelli said.
Skelley said he believed the bill postponing the primaries would pass because it would allow the court system more time to resolve the redistricting issue.
Democrats, Skelley added, would be willing to allow the postponement because he believes it would force former Senator and current Republican Senate candidate George Allen to waste two additional months spending money countering Republican opponent Bob Marshall.
The current redistricting lines, which were approved by Gov. Bob McDonnell in 2011, aim to protect all 11 Republican incumbents.
"[The redistricting plan] would make the Republican districts more Republican," Skelley said.
Cuccinelli hoped, however, that federal approval would overrule the lawsuit.
"A suit for judicial pre-clearance (federal approval) has already been filed with the U.S. District Court for the District of Columbia, and the attorney general will also seek parallel administrative pre-clearance through the U.S. Department of Justice. Prompt administrative approval through the Department of Justice would make the suit with the federal district court moot," according to a press release by the Attorney General's office.
If both the Democrats and Republicans fail to compromise, however, the court would be forced to draw congressional district lines itself, Skelley said.