That's probably technically correct for the moment, both in the sense that (i) it hasn't actually been implemented and (ii) at least yesterday's order barring certification presumably hasn't been stayed yet (though the preceding orders have). If that order is quickly stayed (which seems likely), the state would not be barred from taking actions to move the process forward. (Note: I suppose it's conceivable that VA supremes might leave the stay on certification in place, in contrast to the prior orders which sought to stay the actual vote, pending the appeal.) The timing of state court litigation, and any potential Scotus appeal (BS or otherwise) could then conceivably prove important. Remember, the closer you get to an election, the less Scotus is inclined to approve the implementation of last-minute map changes. Not that I think this will happen, but here's a nightmare scenario for the paranoid: suppose the Virginia Supremes move at a normal pace and uphold the referendum, and then some sort of appeal (bs or otherwise) is filed with scotus, accompanied by a stay request to the Circuit Justice for the Fourth Circuit, a fellow by the name of ... John Roberts. The stay is granted, for reasons political or otherwise (meaning old lines apply), but...the argument sessions end next week, so the likelihood of the court being able to issue a decision in time for VA to implement is too short under the recent case law. (Sounds like a certain recent NYT article, doesn't it?)Double A: So the net legal effect of all of this, at least at this point in time, is to preserve the status quo ante (i.e., no redistricting), right? What is the political composition of Virginia's Supreme Court, assuming that is discernible?
The Virginia Supreme Court is not an elected body. It is, however, appointed by the legislature, and I think the judges serve 15 year terms. I think it leans left based solely on the control of the legislatures that appointed the majority of the judges, and i saw something the other day to the effect that two "republican appointed" judges may be up for renewal during the term of the current legislature which of course is democratically controlled. I don't know whether that means they flip them the bird, or start sucking up.
