On March 8, the Fourth Circuit heard Goldman v Brink, 21-2180. This is the case on whether Virginia must hold elections for lower house of the legislature this November. Virginia elects all its legislators in November of odd years. The November 2021 election used districts based on the 2010 census, not the 2020 census. The plaintiff, a voter, argues that it violates one-person, one-vote to wait until 2023 to hold elections using districts based on the 2020 census.

The three judges are Robert B. King and James A. Wynn (Clinton appointees), and Allison J. Rushing (a Trump appointee). The lower court had ruled that the lawsuit may go ahead, and had moved to create a 3-judge U.S. District Court. Then the state appealed that decision to the Fourth Circuit.