A stay is warranted because the decision by the Supreme Court of Virginia is deeply mistaken on two critical issues of federal law with profound practical importance to the Nation. The decision below violates federal law in two separate ways. First, it predicated its interpretation of the Virginia Constitution on a grave misreading of federal law, which expressly fixes a single day for the “election” of Representatives and Delegates to Congress…Second, by rejecting the plain text of the Virginia Constitution’s definition of the term “election” to adopt its own contrary meaning, the Supreme Court of Virginia ‘transgressed the ordinary bounds of judicial review such that it arrogated to itself the power vested in the state legislature to regulate federal elections.'”
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ordinary bounds of judicial review.”
“The window for orderly administration of Virginia’s congressional elections is closing rapidly. This Court should act now to preserve the status quo while it considers the grave federal questions the decision below raises.”