Virginia Democrats moved quickly on Friday, May 8, to keep their redistricting plans alive by filing a motion asking the state Supreme Court to delay its ruling that had thrown out a voter-approved measure to redraw congressional districts.
They plan to take the fight to the U.S. Supreme Court on an emergency basis.
The state Supreme Court ruled 4-3 earlier in the day that the Democratic-led legislature broke constitutional rules when it put the redistricting amendment on the April 21 ballot.
The decision nullifies the narrow yes vote from that special election and keeps Virginia’s current congressional map in place for the 2026 midterms.
Democrats Dealt a Huge Blow
Democrats had hoped the new map would flip up to four Republican-held seats and give them as many as 10 of the state’s 11 House districts. The existing map, drawn after the last census, splits the delegation 6-5 in their favor.
In the motion filed late Friday, Democratic leaders signaled they will ask the U.S. Supreme Court to step in and review the state court’s decision. They want the Virginia court to hold off on issuing its official mandate while that federal appeal plays out.
Attorney General Jay Jones, a Democrat, had earlier criticized the state ruling. He said the court put politics ahead of the rule of law and ignored the will of voters who backed the measure.
Jones called the process “timely, constitutionally compliant, and legally valid,” and said his office is reviewing every option to defend the results.
House Speaker Don Scott, D-Portsmouth, said millions of Virginians voted in a fair election and expressed their choice. “They voted yes because they wanted to fight back,” he said.
Virginia’s constitution requires lawmakers to pass a constitutional amendment in two separate sessions with a general election in between so voters can hold legislators accountable.
Democrats advanced the measure during a special session last October while early voting for the November 2025 elections had already started. They passed it again in the regular session that followed.
The court majority, led by Justice D. Arthur Kelsey, said that early voting counts as part of the election period. Passing the amendment after more than a million ballots had already been cast violated the rules and tainted the subsequent referendum, they ruled. The decision upholds an earlier order from a Tazewell County judge.
Three justices dissented. Chief Justice Cleo Powell argued the majority stretched the definition of “election” too far.
Virginia Supreme Court Ruling Sparks Reactions
Republicans cheered the outcome, with House Speaker Mike Johnson describing the ruling as a huge win for the country’s democracy.
“The Virginia Supreme Court has affirmed what we believed from the beginning: the hastily drawn, egregious gerrymander was unconstitutional,” Johnson said, adding, “This ruling is a victory for democracy and ensures Virginians have fair representation in Congress.”
Senate Republican Leader Ryan McDougle called it a win for the rule of law. “You cannot violate the Constitution to change the Constitution,” he said. President Donald Trump labeled it a “huge win” for the GOP on social media.
It is part of a bigger national battle over maps in the run-up to the 2026 midterms. Republicans have pushed for redistricting in several states where they hold power. Democrats sought to fight back in Virginia and beyond.v
Appeal to the U.S. Supreme Court, however, faces long odds. The justices rarely like to jump into state election disputes this close to voting, and they usually defer to state courts on matters of state constitutional law.
Still, Democrats hope to buy time and keep pressure on the issue. The current congressional districts would remain in place unless higher courts intervene or the legislature tries again under different rules in the future.
Republicans see a clearer path to defending their narrow House majority with these developments.
