Following Constitutional Procedures in Redistricting Determines Legal Success
Source: Dennis W. Poilio. "What Missouri And Virginia Got Wrong And Right In Redistricting." June 2, 2026. thefederalist.com
The Gist
The author argues that when it comes to redistricting, following your state's constitutional rules exactly is what matters for legal success. Missouri Republicans won their case because they followed the law properly, while Virginia Democrats lost because they tried to rush through changes without following required procedures.
Conclusion
Success in redistricting litigation depends on strictly following state constitutional procedures, not on partisan goals or outcomes
Premises
- Missouri Republicans followed their state's redistricting laws precisely and their map was upheld by the Missouri Supreme Court
- Virginia Democrats violated their state constitution's requirement for an 'intervening election' between constitutional amendment approvals
- Virginia Democrats started their constitutional amendment process too late, during rather than before the November 2025 election
- The Virginia Supreme Court struck down the Democrats' redistricting attempt specifically because they failed to follow constitutional procedures
- The U.S. Supreme Court denied Virginia Democrats' appeal, confirming that procedural violations cannot be overlooked
- Virginia Attorney General Jason Miyares warned in advance that the Democrats' approach violated constitutional requirements
- Redistricting criteria are primarily set by state election law, making adherence to these laws paramount
Assumptions
- Courts will consistently enforce constitutional procedural requirements regardless of political outcomes
- State constitutional provisions for redistricting are clear and unambiguous
- Political parties should prioritize legal compliance over partisan advantage
- The rule of law requires following proper procedures even when inconvenient