Federal court strikes down Virginia's congressional map
© Greg Nash

A federal court on Friday ordered Virginia to redraw its congressional map, finding that the state unconstitutionally packed too many black voters into Democratic Rep. Bobby ScottRobert (Bobby) Cortez ScottDem lawmaker says 'adversity score' shows debate over 'usefulness' of SAT is 'not over' CBC member brushes off Biden's past opposition to school busing Dem lawmaker says U.S. has 'drifted backwards' on school integration MORE's district.

The court panned the Legislature for adding more black voters to Scott’s district despite the fact that he had previously won large electoral victories in the majority black district.

“We also recognize that individuals in the Third Congressional District whose constitutional rights have been injured by improper racial gerrymandering have suffered significant harm,” the court wrote in its majority opinion.


The ruling also bars Virginia from holding new congressional elections until it creates an adequate map.

Partisan redistricting to protect incumbents or make districts more competitive is not necessarily a violation of the Voting Rights Act, but race-based gerrymandering, which the court found in Virginia, is unconstitutional.

Under the map now invalidated by the court, 57 percent of the population in Scott’s district is black. That’s a stark difference from contiguous districts, which include three where the black proportion of the population is between 15 percent and 21 percent and another where 32 percent of residents are black.

A redrawn map likely won't affect Scott's chances of holding his seat, but it could make surrounding districts, held by Republican Reps. Rob WittmanRobert (Rob) Joseph WittmanWhy block citizenship to immigrants who defend America? Virginia reps urge Trump to declare federal emergency ahead of Hurricane Florence Overnight Defense: House passes 5B defense spending bill | Pentagon moving forward on Trump military parade | Mattis vows 'ironclad' support for South Korea's defense MORE, Scott RigellEdward (Scott) Scott RigellGOP rushes to embrace Trump GOP lawmaker appears in Gary Johnson ad Some in GOP say Trump has gone too far MORE, Randy ForbesJames (Randy) Randy ForbesToo much ‘can do,’ not enough candor Trump makes little headway filling out Pentagon jobs Why there's only one choice for Trump's Navy secretary MORE, and Dave Brat more competitive.

The ruling is the second time that the District Court for the Eastern District of Virginia struck down a map. The court made a similar ruling in October.

Now, the state Legislature has until Sept. 1 to develop new maps, barring any appeal. 

But Democratic Gov. Terry McAuliffe can veto that legislation, which could complicate the plans of the GOP-majority Legislature.

Mike Carvin, the attorney representing the State of Virginia, told National Journal that “it’s safe to say” lawmakers will appeal the case.