RICHMOND, Va. – The legal fight over Virginia’s redistricting referendum is in the hands of the state’s highest court.
The Virginia Supreme Court has already refused to lift a block on certifying the results and now, justices are weighing whether the amendment can stand at all.
This case comes down to one question: did lawmakers follow the rule.
Inside the courtroom this week, justices heard arguments over whether the amendment was passed legally, or whether the process itself was flawed.
Attorneys defending the amendment say lawmakers and voters followed every step.
“The General Assembly and the people thus complied strictly with every step that the constitution required,” Richard Hawkins, an attorney arguing to uphold the vote said.
But challengers argue the rules were broken - including how and when the amendment was passed.
“The proposed amendment violates the constitution’s amendments on special sessions,” Thomas McCarthy, an attorney challenging the redistricting vote said.
John Fishwick, former U.S. Attorney for the Western District of Virginia, says the case really comes down to process - not politics.
“Did they follow their procedures, was it legal under Virginia laws and under the Virginia constitution?” Fishwick said.
The case comes after a Tazewell County Circuit Court judge ruled the amendment was ‘void from the start’ - blocking the results from being certified.
“There’s this smaller issue of, will the election results be certified, while we’re kinda waiting to see what the supreme court is going to do,” Fishwick said.
Attorney General Jay Jones asked the Virginia Supreme Court to step in and lift that block, but Tuesday, the justices said no.
“I think the challengers are encouraged by that ruling that the court said, ‘Hey, don’t certify them so fast. Wait to see what we do,” Fishwick said.
For now, that means even though voters approved the amendment, the results still can’t move forward.
“The Supreme Court said you can’t certify the results for the time being, but the big question is what is the Supreme Court going to do? Are they going to say that the General Assembly followed their procedures legally, or did they do it in an illegal fashion?” Fishwick said.
And that final decision is still to come.
“All eyes are waiting for a decision from the Virginia Supreme Court, which should come down any day now,” Fishwick said.