The Supreme Court on Monday seemed likely to leave in place a lower court’s decision that Virginia improperly considered race when drawing congressional districts.
Operating without the late Justice Antonin Scalia, it would require only four members of the court to agree with a judicial panel that the Republican-led legislature improperly packed African American voters into the 3rd Congressional District, which is represented by the state’s lone black congressman, Rep. Robert C. “Bobby” Scott, a Democrat….
Washington lawyer Michael A. Carvin, representing Republican congressmen whose districts have been changed by the lower court, said the legislature’s primary objectives were to protect incumbents and maintain the core of existing districts. Both are acceptable motives by Supreme Court precedent.
But the court’s four liberals challenged that. Justice Elena Kagan said relying on race cannot be condoned even if there were benefits such as protecting incumbents.
They also questioned whether the congressmen have the legal standing to challenge the lower court’s decision to redraw the maps, even if their reelection chances are harmed by the changes.