The 3rd District is represented by Democratic Rep. Bobby Scott. | Graphic by Julia Haslanger Court strikes Va. congressional map

A panel of federal judges in Virginia struck down the state’s congressional map on Tuesday, arguing that the GOP-controlled state legislature’s decision to pack African-Americans into the 3rd Congressional District, which is represented by Democratic Rep. Bobby Scott, was motivated purely by race — a violation of the 14th Amendment.

“[W]e find that Plaintiffs have shown race predominated,” the opinion states. “We find that the Third Congressional District cannot survive review under the exacting standard of strict scrutiny.”


The existing map will remain in effect for the 2014 elections, the court ruled, ordering the state legislature to redraw the map by April 1, 2015.

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The decision in Virginia is the latest decision in Democrats’ efforts to reverse what they see as Republican gerrymandering in several states. Florida’s GOP-controlled state legislature was also forced to redraw its congressional map earlier this year after a Democratic suit invalidated the lines.

Redrawing the map in Virginia has the potential to upend the composition of the state’s delegation in Congress. Despite the state’s purple tint, Democrats control just three of the state’s 11 districts, and just one seat is truly competitive — only as a result of the retirement of GOP Rep. Frank Wolf.

“We are pleased with the ruling,” said Brian Smoot of the National Democratic Redistricting Trust, which is largely funding the redistricting battles — including in Virginia — and is run by for former Democratic Congressional Campaign Committee staffers.

“The current makeup of the congressional delegation does not reflect the voters across Virginia,” Smoot added. “We expect this to help alleviate that problem.”

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Justin Levitt, a redistricting expert at Loyola Law School in Los Angeles who also worked as the Democratic National Committee’s National Voter Protection counsel in 2008, said the decision was a victory for Democrats but added he doesn’t expect the map to have a significant political impact because it will still be drawn by Republicans.

The case, however, could help Democrats in several other states like North Carolina and California, where they are fighting similar redistricting battles, Levitt said.

“The court essentially said when race is the biggest factor [in drawing a district], it has to be nuanced,” he said. “They need to use a scalpel in drawing the districts, not a meat cleaver.”

In a statement following the decision, Scott said he supports more compact districts and hopes the legislature will redraw the map “more equitably.”

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“I was not involved in this lawsuit. However, during the last round of redistricting in 2011, I was a strong proponent of the redistricting plan sponsored by State Senator Mamie Locke, which made all congressional districts in the Commonwealth more compact and contiguous,” the congressman said in the statement.

“I hope and expect the General Assembly will more equitably and appropriately balance the influence of all Virginia’s voters, as mandated by this decision, when they redraw the third congressional district and adjacent congressional districts next session,” he added.