The Virginia Supreme Court on Friday blocked a new congressional map drawn by Democrats from taking effect, in a major boost for Republicans as they look to protect their narrow House majority in the midterm elections.
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Weeks after Virginia narrowly approved the plan in a statewide vote, a court ruled that Democratic lawmakers did not meet the procedural requirements to get a constitutional amendment written to pave the way for redrawing district lines to appear on the ballot. Democrats wanted a map designed to give the party up to four new seats.
The ruling, combined with Republican mapping efforts in other states last year and a recent U.S. Supreme Court decision overturning the Voting Rights Act’s racial gerrymandering restrictions, means Republicans go into the midterm elections with a clear advantage in redistricting.
So far, Republicans could gain up to 14 seats from redrawn maps in six states, while Democrats could gain six seats from redrawn maps. However, there can be significant swings based on actual election results in these new districts, and wins may not necessarily be easy for the party drawing the district.
Democrats need a net gain of at least three seats in November to flip the House majority.
In Virginia, the state Supreme Court concluded that the state legislature began the constitutional amendment process too late to be legal.
“This violation irrevocably undermines the integrity of the resulting referendum and renders it invalid,” the court wrote in its order.
Justice Arthur Kelsey also criticized the state for suggesting that the court cannot rule on the issue after voters approve the constitutional amendment, noting that state attorneys have argued that the court should not rule before the special election.
Special elections were not cheap. The state allocated $5 million to administer the election, tens of millions of dollars were spent on advertising, and more than 3 million people voted.
Virginians for Fair Maps, which opposes the Democratic redrawing effort, celebrated the court’s ruling in a statement.
“Virginians made a loud and clear statement in 2020 that voters should choose their elected officials, not the other way around. Today, Virginians’ voices were heard against the shameful and deceptive rhetoric and language of Richmond Democrats’ unconstitutional efforts to take the state into their own hands,” said Republican former state Attorney General Jason Miyares and Republican former House Majority Leader Eric Cantor.
“We respect the Virginia Supreme Court’s decision,” Virginia House Speaker Don Scott (D), one of the primary supporters of the redistricting effort, said in a statement.
“This has always been about multiple elections and whether the voice of the people matters,” he said. “And no decision can erase what Virginians made clear at the ballot box.
Meanwhile, Virginia Attorney General Jay Jones (D) said in a statement that the court is “prioritizing politics over the rule of law.”
“My team is carefully considering this unprecedented order and is evaluating all future legal options to uphold the will of the people and protect the integrity of Virginia’s elections,” he said.
Lawmakers must pass constitutional amendments in two consecutive sessions, with one election in between, before they can be put to a vote. Republicans argued that the Democratic-controlled Legislature first passed the amendment when early voting was already underway ahead of Virginia’s 2025 statewide election. Democrats tried to counter that the relevant day was Election Day itself, not the start date of early voting.
The state Supreme Court had previously allowed a special election to be held in April, but reserved the right to rule on the law’s legality later. Virginia narrowly voted in favor of the redistricting referendum by a 3-point margin.
Virginia Democrats began a multi-step redistricting process last fall in response to President Donald Trump’s urging of several Republican-led states to redraw their maps ahead of a close House majority contest. Passing the gerrymander map would have required amending the constitution to bypass the bipartisan redistricting commission approved by voters in 2020. California Democrats took a similar route last year, enacting a new map that would give the party up to five seats.
President Trump hailed the state Supreme Court’s decision on Truth Social as “a huge victory for the Republican Party and for America.”
Virginia’s midterm elections this fall will be based on current maps, with Democrats representing six of the state’s 11 congressional districts.
