High court lets Virginia voting go ahead under redrawn map

U.S. Court News

Virginians will elect members of the House of Delegates using a map seen as favorable to Democrats, according to ruling Monday by the Supreme Court.

The 5-4 decision was perhaps telegraphed by the fact that the justice previously allowed election planning to go forward with the new map. Virginia held its primary last week, and the November general election will be the last time the state uses this map because legislative districts will need to be redrawn to account for results from the 2020 census.

The political boundaries are important because Republicans currently control the House by a 51-49 margin.

The justices let stand a lower court decision putting in place the new map, saying Republicans in the state House did not have right to appeal to the Supreme Court. The state could have decided to bring the case but did not, Justice Ruth Bader Ginsburg wrote.

“One House of its bicameral legislature cannot alone continue the litigation against the will of its partners in the legislative process,” she wrote. The four justices who joined her were Clarence Thomas, Sonia Sotomayor, Elena Kagan and Neil Gorsuch, a lineup that included conservatives and liberals. Dissenting were Chief Justice John Roberts and three other justices — Samuel Alito, Stephen Breyer and Brett Kavanaugh.

The case stemmed from a map drawn by Republican lawmakers in 2011, after the last census, and used in the four elections since. Democratic voters sued in 2014, accusing Republicans of packing black voters into certain districts to make surrounding ones whiter and more Republican.

A lower court ruled 2-1 last year that the previous, legislative-crafted map improperly factored race into the drawing of 11 of the 100 House districts. After lawmakers were unable to reach an agreement on a redistricting plan, the lower court chose a new map from a series of proposals submitted by a special master.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.