Court STRIKES Down DEMOCRAT Redistricting Plot

Virginia Supreme Court strikes down Democrats’ voter-approved redistricting scheme in a major victory for constitutional rule of law over partisan gerrymandering.

Story Highlights

Virginia Supreme Court rules 4-3 that the redistricting amendment violates procedural requirements under Article 7, Section 1 of the Virginia Constitution.[2][3]
Democrats’ plan to shift congressional seats from 6-5 Republican edge to 10 Democrats-1 Republican gets blocked, preserving fairer maps.[2][6]
Lower court in Tazewell County found the House bill void ab initio for breaching General Assembly resolutions, state code, and constitution.[2]
General Assembly approved the measure after early voting began, violating sequencing rules requiring action before a general election.[3]
Bipartisan commission retains power to draw districts, thwarting legislature’s power grab.[2]

Court Rejects Certification of Referendum Results

On May 8, 2026, the Virginia Supreme Court denied Attorney General Jay Jones’s request to lift a block on certifying the April 21 referendum results. The 4-3 decision upheld a lower court ruling that invalidated the amendment. Judge Hurley in Tazewell County issued the initial order on April 22, declaring the House bill void from the start. It violated two General Assembly resolutions, portions of Virginia State Code, and the state constitution.[2][1]

The court permanently enjoined the State Board of Elections from certifying votes or implementing a new congressional map. This followed the board’s inability to act at its May 1 meeting. Democrats had pushed the referendum despite ongoing lawsuits, but the high court prioritized procedural integrity.[2][5]

Procedural Violations Seal Amendment’s Fate

Article 7, Section 1 of the Virginia Constitution mandates a specific sequence for amendments: General Assembly approval before a general election, an intervening election, and second approval after. Critics proved Democrats voted on the measure after early voting started in the 2025 election, breaching this timeline.[3]

The October special session and January referral failed constitutional scrutiny. Early voting, with over a million ballots cast, marked the election’s start. This timing violated the “before a General Election” clause. Historical precedent from 1958, when the court invalidated a referendum for unconstitutional ballot language, supported the ruling.[4]

Attorney General Jones appealed, but the Supreme Court declined a stay. Two justices expressed skepticism during arguments, signaling the procedural flaws outweighed voter intent.[2]

Democratic Gerrymander Thwarted for Fairer Representation

Voters narrowly approved the amendment on April 21, but courts intervened due to fatal flaws. The plan aimed to enact Democrat-proposed maps favoring their candidates in 2026 midterms. Implementation would have shifted Virginia’s delegation from six Democrats and five Republicans to ten Democrats and one Republican.[6]

A bipartisan commission now keeps control over district drawing, avoiding a legislature-led power grab. This aligns with conservative principles of limited government and rule of law. Democrats spent over $60 million pushing the scheme, but constitutional safeguards prevailed.[3]

Virginia Supreme Court strikes down Democratic redistricting plan | AP News https://t.co/4ubtZx7Tzv

— Marilyn Miller For City Council 27th CCD (@Millerforchange) May 8, 2026

Opponents highlighted misleading ballot language like “restore fairness,” echoing the 1958 Carlisle v. Hassan case. The court refused to override strict compliance with amendment processes. This decision protects against partisan map manipulations amid national redistricting battles.[4][3]