Fourth Circuit Keeps Case on Whether Virginia Should Hold New State Legislative Elections Alive

On March 15, the Fourth Circuit issued this short order in Goldman v Brink, 21-2180. This is the case on whether Virginia must cut short the terms of members of the lower house of the legislature to just one year. Virginia elects its state officers in odd years, and in November 2021 elected members of the lower house using the 2010 census redistricting, not the 2020 census. A voter sued, arguing that it would violate “one person, one vote” to use those districts until the November 2023 election. The plaintiff wants elections for that office this year.

The lawsuit was in a 3-judge U.S. District Court, but the state appealed to the Fourth Circuit before it was even decided, hoping the Fourth Circuit would rule that the plaintiff lacks standing. But the Fourth Circuit said the 3-judge district court can do that all by itself, and returned the case to that court.


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