(#6296) The Virginia Supreme Court redistricting decision hinges on one rather non complex interpretation.

      It has been 2 days now since the oral arguments in the Virginia redistricting court case. In essence there is one point the Tazwell judge made that is at the crux of his stopping the vote as unconstitutional. That being that two legislative sessions on either side of an election has not been met. He contends that the first legislative session didn't happen before the actual election was held. The republicans contend that since early voting had already started the definition of election had already begun. However, collecting votes that had not been tabulated for any candidate could hardly be considered an election. The actual date for electing was after the legislative session.
     Yet this Virginia Supreme Court is taking it's time in deciding if the Tazwell judge is correct or the fact that election day was after the legislative session. To me it is clear that the legislative session was held before the election. If the justices are trying to say that the process of the election is a mitigating factor then they are over reaching in that the word election actually assumes vote counting. Merely collecting the ballots early does not add one vote either way to any candidate until that vote has been counted. I would agree with the Tazwell judge if the votes were being counted but they weren't so the Tazwell judge was opining his own subjective definition on what constitutes an election.
     What is certain in all of this is that the Virginia Supreme Court will decide what an election means. As to their decision in practical terms they will either allow the vote to be certified or they will reject the vote for having violated a pretzeled logic they will provide. Either way the vote will be certified for this coming 2026 midterm election if the justices let it stand or for the 2027 cycle when another legislative session will be held. Redistricting will occur regardless, it is just whether it is this year or next that it comes into force. My personal opinion is obvious but as well obviously I am in no position to matter.