Former Virginia Attorney General Ken Cuccinelli (R) said he believes the state Supreme Court is likely to strike down the state’s newly approved congressional map. His comments come as the legal fight over the referendum intensifies following a lower court ruling blocking its certification.
Cuccinelli made the remarks during an interview with CNN’s Jake Tapper on Friday. He pointed to both procedural concerns and constitutional questions surrounding how the measure was brought before voters.
The referendum narrowly passed earlier this week and would reshape Virginia’s congressional delegation. Under the map, Democrats would be favored in 10 of the state’s 11 districts.
Just one day after the vote, a judge in Tazewell County moved to block the results from taking effect. The court cited multiple issues, including concerns over how the ballot language was presented to voters.
Tapper raised that development during the interview
Tapper raised that development during the interview. “This judge in Southern Virginia ordering results to not be certified. The judge called the ballot language ‘flagrantly misleading.’ What’s your reaction?” he asked.
Cuccinelli agreed with that characterization. “Well, it certainly was flagrantly misleading, but my basic reaction is that I appreciate lower court wins, but the Virginia Supreme Court is going to decide this,” he said.
He pointed to long-standing legal precedent in the state. “Over a hundred years of Virginia legal precedent says that the vote in a referendum is part of the legislative process. It’s analogous to a governor signing a bill,” he said.
You don’t sue on a bill that hasn’t passed yet
Cuccinelli said the timing of the legal challenge aligns with that precedent. “You don’t sue on a bill that hasn’t passed yet. So what they’ve done here in terms of timing is very much in keeping with the Virginia legal history,” he said.
He argued the process used to pass the referendum may not meet constitutional standards. “What isn’t in keeping with Virginia legal history is how this general assembly has so blatantly ignored the requirements of the constitution to amend the [state] constitution,” he said.
Cuccinelli said he expects the issue to be resolved soon. “So I think it’s highly likely that this will be overturned probably in May,” he said.
The discussion also turned to the role of campaign spending in the referendum
The discussion also turned to the role of campaign spending in the referendum. Cuccinelli said money may have influenced the vote, but would not determine the outcome of the legal challenges.
“It’s hard to say that money didn’t make that difference, but now they have to win four constitutional challenges, state constitutional to clarify, challenges, and they have to win all four of them to hold on to this referendum,” he said.
He expressed skepticism that supporters of the measure could succeed in court. “I just don’t think they can do it. There’s some very basic processes in the Constitution for amending the Constitution that they ignored,” he said.
Cuccinelli also addressed arguments about respecting the outcome of the vote
Cuccinelli also addressed arguments about respecting the outcome of the vote. “And now they’re gonna say, just like Terry did, well, you know, three million people voted, and you can’t ignore the will of the people,” he said.
He countered that point by focusing on the process. “Well, they were ignoring the will of the people and how they brought this forward. And now we’re gonna have it decided by the Virginia Supreme Court,” he said.
Cuccinelli suggested the ruling could be decisive. “I wouldn’t be surprised to see a seven-zero ruling throwing this out,” he said.
The legal battle comes as redistricting disputes continue to play out across the country
The legal battle comes as redistricting disputes continue to play out across the country. Courts have increasingly become the deciding factor in determining whether new congressional maps can be implemented.
The outcome in Virginia could have significant implications for control of the U.S. House. With the midterm elections approaching, the timeline for a final decision may shape the political landscape in the state.