Justia Summary

After the 2010 census, Virginia redrew legislative districts for its Senate and House of Delegates. Voters sued, claiming racial gerrymandering. The House of Delegates intervened. The district court held that 11 districts were unconstitutionally drawn, enjoined Virginia from conducting elections for those districts before adopting a new plan, and gave the General Assembly several months to adopt that plan. Virginia’s Attorney General announced that the state would not appeal.

The Supreme Court dismissed an appeal by the House for lack of standing. To establish standing, a litigant must show a concrete and particularized injury, that is fairly traceable to the challenged conduct and is likely to be redressed by a favorable decision. Standing must be met at every stage of the litigation. To appeal a decision that the primary party does not challenge, an intervenor must independently demonstrate standing. The state itself had standing to appeal, and could have designated agents to do so, but did not designate the House to represent its interests. Under Virginia law, authority to represent the state’s interests in civil litigation rests exclusively with its Attorney General. The House has consistently purported to represent only its own interests and lacks standing to appeal in its own right. A judicial decision invalidating a state law does not inflict a discrete, cognizable injury on each organ of government that participated in the law’s passage. Virginia’s Constitution allocates redistricting authority to the “General Assembly,” of which the House constitutes only a part. The issue is the constitutionality of a concededly enacted redistricting plan, not the results of the chamber’s poll or the validity of any counted or uncounted vote. Redrawing district lines may affect the chamber’s membership, but the House as an institution has no cognizable interest in the identity of its members.

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