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State officials asked the justices to overturn a Virginia Supreme Court decision that struck down a congressional map, a major defeat for Democrats.
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Virginia Democrats formally requested the US Supreme Court block an order from the state's highest court invalidating the referendum that cleared the way for aggressive gerrymandering.
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Allen, 31, is also charged with assault on law enforcement, transporting a firearm across state lines to commit a felony and discharging a weapon during a crime of violence.
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The prospect of Democrats getting shut out of the general election for governor has spurred an effort to eliminate the state's "top-two" open primary approach.
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