What Is HeinOnline?
HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
Already a HeinOnline Subscriber?
Log In
![handle is hein.journals/gemslw33 and id is 1 raw text is:
GEORGE MASON LAW REVIEW FORUM
VOL. 33 OCTOBER 2025 1-24
ESSAY
Virginia's Congressional Districts Are Unconstitutional
Kevin C. Walsh'
Abstract. The Elections Clause in Article 1 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's
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's current
congressional districts in 2021, those districts are unconstitutional
under the Elections Clause.
Knights of Columbus Professor of Law and the Catholic Tradition. J.D. 2002, Harvard Law
School; M.A. 1999, University of Notre Dame; A.B. 1998, Dartmouth College. For helpful comments
on earlier versions, I thank William Baude, Samuel Bray, Marc DeGirolami, Sherif Girgis, Will Kamin,
Derek Muller, Haley Proctor, and Chad Squitieri.](ViewImageLocal?handle=hein.journals/gemslw33&div=1&collection=&method=preview&ext=.png&size=3)