On October 12, U.S. District Court Judge David J. Novak refused to dismiss the lawsuit Goldman v Northam, e.d., 3:21cv-420. He also requested that the chief judge of the Fourth Circuit appoint two more judges for this case. The chief judge of the Fourth Circuit did make such appointments on October 13.
The issue is whether it violates one-person, one-vote, for Virginia to use districts based on the 2010 census to elect its House of Delegates on November 2, 2021. A hearing will be held in this case on December 3, 2021. It is possible that the election returns for House of Delegates held next month will be nullified, and a new election scheduled, after new districts, based on the 2020 census. Or it is possible that the 2021 election returns will be valid, but the winners will only be permitted to serve one year terms.