SCOTUS set no precedent in not hearing the case.
Only let the lower court decision stand that the process matter failed.
So there is still a path here:
The State Constitution can be revised by either referendum vote, or state constitutional convention.
The referendum failed because of the start date being after the start of early voting.
The Democrats only need 6 votes from State Senate republicans to secure the redistricting via Constitutional Amendment with a 2/3rds majority.
And the pitch is clear:
Dems present two options to those Republicans:
1) We do a constitutional convention amendment now, redistricting Congressional seats, but *lock in* State Senate districts for 10 years (which blocks the next redistricting in 2031)
OR
2) We do the referendum process again after the election, but this time we redistricting the State Senate seats as well.
Only about 30% of Virginians are register republicans and that number has been declining since the 80’s.
The 2031 redistricting predictions are that Republicans will lose -3 to -4 seats in the State Senate, assuming a non-gerrymandered layout.
If it’s done by referendum, the State Senate could lose as many as -8 to -9 Republican seats.
So the party can lock in their current standing AND those Republicans can secure their jobs for a decade.
OR they can roll the dice with the voters right after the midterms.