Apparently some citizens and attorneys feel successful Virginia redistricting is an unlikely conclusion, and decided to file a lawsuit in the US District Court for the Western district of Virginia to jumpstart the redistricting process. In the case of Carter v. State Board of Elections, the plaintiffs are individuals claiming their votes are diluted in state Senate elections under the current districting plan.
See the complaint here:
This case filed on February 4, 2011 appears to have been prepared and filed with the matter of days after updated census information came out. The plaintiffs allege that as Virginia has divided two party government a deadlock on redistricting is likely, and hence a lawsuit asserting rights to equal protection under the law is not premature.
The case is dismissed
Federal district courts are courts of limited jurisdiction. As such, federal courts have the duty to determine, even without the request of one of the parties to the case, if the federal court has jurisdiction. Judge Moon, prior to any filings by the defendants, dismissed the case as he determined the federal court does not currently have jurisdiction even if everything the plaintiffs say is true. This was a mere eleven days after the filing of the Complaint.
Judge Moon's opinion is here:
Judge Moon's order of dismissal is here: