DATE: Wednesday, March 12, 1997             TAG: 9703120010

SECTION: LOCAL                   PAGE: B10  EDITION: FINAL 

TYPE: Editorial 

                                            LENGTH:   51 lines

REDISTRICTING: THE APPEAL IS POLITICAL ATTORNEY GENERAL GILMORE IS WASTING TIME AND MONEY APPEALING AN ORDER TO REDRAW THE 3RD DISTRICT.

The state is needlessly appealing a federal court order to redraw Virginia's majority-black 3rd Congressional District. The reasons are more political than legal.

In justifying the appeal, Attorney General James S. Gilmore III said the state's compelling interest in creating the 64 percent black district was complying with the demands of the Voting Rights Act.

Moreover, he said, if the lines must be redrawn, the state needs additional guidance from the courts for the job to be done properly. Many familiar with the case say the latter argument is poppycock.

State lawmakers and legislative staff are perfectly capable of creating a more compact legislative district than the 225-mile-long 3rd District without added input from the courts. Prior Supreme Court decisions in other states offer guidance if any is needed.

As for the ``compelling interest,'' the state's pattern of racial voting coupled with the mandates of the Voting Rights Act seemed at the time to justify creation of a black-majority district. But the Supreme Court since has said very specifically that race cannot be the primary consideration in drawing district lines.

In rejecting the 3rd District, the U.S. District Court cited a record - including direct comments from the then-attorney general - that leaves no doubt that race was paramount.

Leaders of both parties privately acknowledge the futility of a court challenge, so there's little doubt that Gilmore's real motivation in mounting a court challenge is political.

The NAACP, the ACLU, the Republican Party and many Democrats agreed that a majority-black 3rd District served their political purposes. So Gilmore has little to lose and a bit of political good will to gain by dragging out the process of dismantling the district.

That strategy serves the interests of Gov. George F. Allen, his fellow Republican. Approval of new district lines would require a special session of the legislature. Allen doesn't want to take a chance that the reconvened Democratic majority would trifle with some of his appointments.

And 3rd District Rep. Bobby Scott isn't likely to protest since delaying as long as possible the cementing of new district lines will keep potential opponents off-balance.

So everyone wins - except, of course, taxpayers who must fund a useless appeal. Funny, isn't it, how penny-conscious politicians can be a little more spendthrift when it suits their purposes?. KEYWORDS: REDISTRICTING CONGRESSIONAL DISTRICTS

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