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1 1 (June 27, 2019)

handle is hein.crs/govbhzz0001 and id is 1 raw text is: ~* or 101 ' Researh Servi kM- The Supreme Court's Latest Word on 'Legislative Standing and Lawsuits by Congressional Plaintiffs Updated June 27, 2019 On June 17, 2019, the Supreme Court decided VNgiiia House of De!egates v. Bethune-Hill. The Supreme Court originally agreed to hear Virginia House of Delegates to determine whether a state legislative map constituted an unconstitutional racial gerrymander. Instead of deciding that issue, the Court concluded that the Virginia House of Delegates lacked standing to appeal the case to the Supreme Court, issuing an opinion that could affect the ability of individual houses of Congress to participate in federal litigation going forward. The facts of Virginia House of Delegates were discussed in more detail in a previous CRS Legal Sidebar. In brief, the case arose out of a lawsuit challenging the 2011 state legislative map in Virginia as an unconstitutional racial gerrymander. In 2018, a federal district court determined that race was the dominant motivating factor in drawing eleven Virginia legislative districts, deeming them unconstitutional. Despite this adverse judgment, the Virginia Attorney General declined to appeal the ruling. The Virginia House of Delegates, one of two houses of the Virginia General Assembly (the legislative body of the Commonwealth of Virginia), which had previously intervened in the case, thus sought to appeal the case to the Supreme Court in the Virginia Attorney General's absence. After the Supreme Court agreed to hear the case, plaintiffs and the Virginia Attorney General filed a motion in the Supreme Court arguing that the Virginia House of Delegates lacked standing to bring the appeal, and seeking to dismiss the case. In a 5-4 opinion by Justice Ruth Bader Ginsburg, the Supreme Court granted the motion and dismissed the House of Delegates' appeal. According to the Court, the House of Delegates lacked the requisite standing to maintain the appeal absent the participation of the Attorney General. In its opinion, the Court addressed several principles of legislative standing that may be relevant in other contexts, including in litigation involving the federal House of Representatives or the Senate. This Sidebar provides an overview of the legislative standing doctrine, as it has been explained by the Supreme Court prior to Virginia House of Delegates, before discussing the Court's decision in Virginia House of Delegates itself. The Sidebar concludes by discussing how Virginia House of Delegates fits into Congressional Research Service https://crsreports.congress.gov LSB10317 CRS L.ega Sidebar Prepaed for Membeivs and Cornm ittees o4 Cor~qress ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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