Matt Schlapp and Hogan Gidley told Newsmax on Wednesday that a Virginia judge's decision to block certification of a Democrat-backed redistricting referendum could derail what they described as an unfair congressional map.
The Tazewell County Circuit Court ruling placed a permanent injunction on certifying the results of the April 21 vote and barred implementation of the proposed map, which had been narrowly approved Tuesday and would have shifted redistricting power to the Democratic-controlled General Assembly.
Schlapp, chairman of the Conservative Political Action Conference and a Virginia resident, said the referendum itself raised legal concerns that could ultimately invalidate the effort.
"There's two problems," Schlapp told "Ed Henry: The Big Take." "The first problem is the actual map is an absurdity. There's no way that this squares with constitutional norms."
He pointed to the partisan breakdown in the state, arguing the proposed map did not reflect voter balance.
"When you have something like 48% of Virginians vote for Republicans ... and now they get one out of 11 congressional seats, so that's a question of fairness," Schlapp said.
He also criticized the wording of the referendum, suggesting it might not meet legal standards under Virginia law.
"If you read the referendum ... there's all kinds of political propaganda in there saying, well, a yes vote is a vote for fairness," Schlapp said. "The law in Virginia says that a referendum has to clearly state the facts. And that alone, you can't kind of spin it with your propaganda."
Schlapp added, "So there's two reasons why I think it could fail. So, the president may still prevail here."
Gidley, a former national press secretary for President Donald Trump's campaign, framed the dispute as part of a broader political fight over redistricting nationwide.
"They don't care about that," Gidley said of Democrats' arguments about protecting democracy. "If you've heard any of these Democrats today, not only are they cheering about Virginia, but they're very angry about the fact that Florida is about to redistrict, too."
He argued Democrats apply different standards depending on political advantage.
"So, for the record, it's Virginia redistricting, good. Florida redistricting, bad, because that's probably not going to turn out the way they want it to turn out," Gidley said.
Gidley also accused Democrats of hypocrisy on gerrymandering, calling the Virginia effort "another bait and switch."
"This is another example of Democrats being angry at Republicans for things they are guilty of actually doing," he said. "The whole thing is a scam."
Schlapp said the ruling undercuts claims that courts are uniformly partisan.
"This judge just is reading the Constitution in Virginia," he said.
Virginia Attorney General Jay Jones has said the state will appeal the decision, setting up a continued legal fight with potential implications for the balance of power in the U.S. House.
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