Virginia redistricting fight deepens as Richmond judge sides with Democrats despite another court's constitutional ruling

By 
, April 28, 2026

A Richmond Circuit Court judge denied Republican efforts to block the results of Virginia's redistricting referendum on Sunday, handing Democrats a procedural win even as a separate circuit court has already declared the entire referendum unconstitutional, setting up a high-stakes showdown before the Virginia Supreme Court.

Judge Tracy Thorne-Begland ruled that the Republican National Committee, the Virginia GOP, and their co-plaintiffs failed to show they could prevail on several key arguments, including their claim that the new congressional maps lacked the compactness required under Virginia law. The ruling came just days after voters narrowly approved a set of Democratic-drawn congressional lines in an April referendum.

But the Richmond decision tells only half the story. A different Virginia circuit court judge, Jack Hurley Jr. of Tazewell County, has already blocked certification of that same referendum, finding that Republicans had "an extraordinarily high likelihood of success on the merits" of their constitutional challenge. The two rulings now sit in direct tension, and the Virginia Supreme Court will hear oral arguments Monday on the foundational questions: whether state lawmakers properly convened the special session that produced the redistricting referendum, and whether the timing of the vote was lawful.

What the Richmond judge said, and what he admitted

Thorne-Begland's ruling contained language that should give Democrats little comfort, even as they celebrated the outcome. The judge acknowledged in his written opinion that the new maps are deeply flawed on their face.

"The 2026 maps are undoubtedly less compact than the ones they replace. They are certainly partisan gerrymanders. They displace both representatives and voters into new, oddly shaped districts."

Read that again. The judge who ruled for Democrats called the maps "certainly partisan gerrymanders." He said they are "undoubtedly less compact." He said they shove voters into "oddly shaped districts." And then he ruled they should stand anyway.

His reasoning rested on a narrow procedural framework. Thorne-Begland wrote that his role was not to assess the wisdom of public policy but to determine whether those in power exercised their authority within constitutional bounds. On that question, he said, "the Court's answer is in the affirmative."

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On compactness, a central Republican argument, the judge found that the issue was "fairly debatable" and that Republicans were "unlikely to succeed on the merits of compactness." He credited the testimony of Boston University political scientist Maxwell Palmer, an expert witness for the intervenors, over the Republican side's arguments, writing that Palmer's "testimony and methodology is more credible" and that Palmer "was not impeached in any meaningful way."

The Tazewell ruling paints a different picture

While Democrats seized on the Richmond ruling, the Tazewell County decision from Judge Jack Hurley Jr. remains the more consequential legal obstacle. Hurley declared all votes from the referendum "ineffective" and blocked the state from certifying the results or implementing the new congressional map.

The Tazewell ruling struck at the process itself, not just the maps. Republicans argued that the referendum failed to meet Virginia's constitutional amendment requirements, including provisions tied to an intervening election and repeated passage by the General Assembly. Hurley agreed, finding the plaintiffs had an "extraordinarily high likelihood of success on the merits."

That lawsuit was brought by the RNC, the National Republican Congressional Committee, and two Republican congressmen against Virginia election officials. As National Review reported, Hurley's order temporarily restrained officials "from administering, preparing for, taking any action to further the procedure of the referendum, or otherwise moving forward with causing an election to be held on the proposed constitutional amendment."

The legal challenges extend beyond compactness. Critics have argued that Democrats' redistricting push amounted to an unlawful power grab, with lawmakers allegedly keeping a special legislative session open for nearly two years to ram through the map.

Jason Snead, executive director of the Honest Elections Project, described the maneuver bluntly. As the Washington Times reported, Snead called it "this illegal extension of a special session, which essentially converts a part-time legislature into a full-time legislature by back-dooring that conversion in a way the Constitution doesn't fathom."

The stakes: a 10-1 Democratic map

The political arithmetic explains why both sides are fighting so hard. Virginia's congressional delegation currently holds a 6-5 Democratic edge. The new maps, if upheld, would give Democrats a projected 10-1 advantage, effectively wiping out four of the state's five Republican-held House seats.

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That is not a minor adjustment. It is a wholesale rewrite of Virginia's congressional representation, achieved not through the normal decennial redistricting process but through a mid-decade maneuver that both parties have attempted in recent years. The referendum passed with 51.4 percent support from more than 3 million voters, according to Breitbart's reporting, a razor-thin margin for a change of this magnitude.

Former Virginia Governor Glenn Youngkin captured the Republican argument in simple terms. As the Washington Examiner reported, Youngkin said: "Virginians know a 10-1 map is not Virginia."

Democrats, meanwhile, have framed the fight as one of voter sovereignty. Virginia Attorney General Jay Jones responded to the Tazewell ruling by declaring that "Virginia voters have spoken, and an activist judge should not have veto power over the People's vote." That framing conveniently ignores the constitutional questions at the heart of the case, whether the process that put the referendum on the ballot was itself lawful.

The attorney general's response drew scrutiny from observers who noted his unwillingness to address concerns about misleading ballot language, instead defaulting to attacks on the judiciary.

The Virginia Supreme Court takes center stage

With two circuit courts reaching opposite conclusions, the Virginia Supreme Court now holds the decisive hand. Oral arguments Monday will address the threshold constitutional questions: whether the General Assembly properly convened the special session that produced the redistricting legislation, and whether the referendum's timing complied with state law.

The high court has already played a role in this saga. It previously allowed the redistricting referendum to proceed, a decision that set the stage for the April vote. Now it must decide whether the entire exercise was constitutionally sound from the start.

RNC Chair Joe Gruters called the Tazewell ruling "a major victory for Virginians." Democrats have vowed to appeal. The legal fight is far from over.

What makes this case unusual is not just the partisan stakes but the procedural brazenness. Democrats rammed through a congressional map targeting four GOP seats using a special session that critics say was held open well past its legitimate purpose. They then put the result before voters in a spring referendum with ballot language that even supporters struggled to parse. When a judge found the process unconstitutional, the state's top law enforcement officer dismissed him as an "activist."

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The Richmond ruling from Thorne-Begland does not erase these problems. It addresses a narrower set of arguments, primarily compactness, and even on those grounds, the judge conceded the maps are partisan gerrymanders that produce oddly shaped districts. His conclusion that the gerrymander falls within constitutional bounds is a legal judgment, not a vindication of the maps themselves.

What Monday's arguments will decide

The Virginia Supreme Court's Monday session will not resolve every open question. But it will determine whether the foundational process, the special session, the legislative vote, the referendum's timing, met constitutional requirements. If the court agrees with Judge Hurley that the process was flawed, the Richmond ruling becomes moot. The maps go away. The current 6-5 delegation stands for November.

If the court sides with Democrats, the fight shifts to the merits of the maps themselves, where Thorne-Begland's ruling gives Democrats a foothold but Hurley's injunction remains a barrier.

Several questions remain unanswered. What specific constitutional provisions did Republican plaintiffs cite? What were the exact vote totals beyond the 51.4 percent figure? And who, beyond the RNC and Virginia GOP, joined the request to block the referendum results?

These details will matter as the case moves upward. But the core question is plain enough for any voter to grasp: Can a state legislature hold a special session open for years, draw a map that even a sympathetic judge calls a partisan gerrymander, put it before voters in a low-turnout spring referendum with confusing ballot language, and call the result democracy?

Virginia Republicans say no. Two circuit courts have now given opposite answers. Monday, the state's highest court gets its turn.

When a judge rules in your favor and still calls your maps "certainly partisan gerrymanders" that produce "oddly shaped districts," you haven't won an argument, you've just found a court willing to look the other way.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson