Virginia\u27s Congressional Districts Are Unconstitutional

Abstract

The Elections Clause in Article I of the U.S. Constitution provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.” This Essay will show that Virginia\u27s current congressional districts were not established in compliance with the Elections Clause. These congressional districts were prescribed by the Supreme Court of Virginia, not by “the Legislature” or by any other body exercising legislative power to establish districts. Because judicial power is the only power that the Supreme Court of Virginia possessed when it purported to establish Virginia\u27s current congressional districts in 2021, those districts are unconstitutional under the Elections Clause