Virginia Supreme Court strikes down Democrats' redistricting scheme in 4-3 ruling

By 
, May 9, 2026

The Virginia Supreme Court ruled 4-3 to invalidate Democrats' mid-decade redistricting effort, finding that the legislature violated the state constitution's procedural requirements when it rushed a map-redrawing amendment onto the ballot. The decision wipes out a plan that would have redrawn Virginia's congressional districts to favor Democrats by a margin as lopsided as 10-1, and it sent Republicans into open celebration while Democrats scrambled to regroup.

Justice D. Arthur Kelsey, writing for the majority, zeroed in on the legislature's failure to comply with the constitutional timeline for amending the state's governing document. The core issue: an "intervening election" clause that requires voters to weigh in on a proposed amendment through a House of Delegates election before the measure goes to a final referendum. Democrats blew past that requirement.

National Review reported that the court's majority wrote the constitutional violation "incurably taints the resulting referendum vote and nullifies its legal efficacy." The ruling orders Virginia to keep using the congressional map drawn for the 2022 and 2024 cycles, a map that produced the current 6-5 Democrat-to-Republican split in the state's delegation.

For Democrats, the stakes were enormous. The invalidated map was designed to help the party pick up as many as four additional U.S. House seats heading into the 2026 midterms. That gain could have been the single largest redistricting haul of the cycle for either party. Instead, the ruling preserves the existing competitive landscape and deals a sharp blow to Democrats' hopes of retaking the House.

Republicans call ruling a constitutional victory

Virginia Senate Minority Leader Ryan McDougle, the lead plaintiff in the case, told Fox News Digital that the entire state should applaud the court's decision.

"The Supreme Court ruling today affirms what we all know: you cannot violate the Constitution to change the Constitution. The Justices of the Supreme Court of Virginia after careful and thorough review of this matter affirmed that even the General Assembly must follow the law. This ruling is not a partisan one, it is a constitutional one. The rule of law is the foundation of our Commonwealth, and today it has been upheld."

McDougle added simply: "Every Virginian wins."

House Minority Leader Terry Kilgore of Gate City echoed that framing, telling Fox News Digital that "you cannot violate the [state] Constitution to amend the Constitution."

"Today's ruling establishes once again that the Constitution of Virginia means what it says. The rule of law requires that Virginians have an opportunity to review a [constitutional amendment] before they vote for the House of Delegates in a meaningful way."

Rep. Ben Cline of Botetourt, one of the Republican congressmen who would have been drawn out of his seat under the new map, called the ruling "the correct decision." His assessment of the Democrats' conduct was blunt.

"It was always going to end up this way. Democrats broke laws that they helped write in the first place, blew through deadlines, wrote a biased and misleading ballot question, and lied to the voters in all of their advertising to support the referendum. This is a great day for fair elections and the rule of law, and it's a great day for the Commonwealth of Virginia."

Cline's reference to laws Democrats "helped write" points to a telling detail: Virginia voters decided in 2020 to create an independent commission to draw maps on a decennial basis. The redistricting amendment Democrats pushed through the legislature attempted an end-run around that very framework, one they had supported.

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Spanberger, Kaine push back

Gov. Abigail Spanberger, who backed the referendum and was elected in a 2025 landslide, rebuked the ruling in a statement to Fox News Digital. She framed the redistricting effort as a response to President Donald Trump.

"More than three million Virginians cast their ballots in Virginia's redistricting referendum, and the majority of Virginia voters voted to push back against a president who said he is 'entitled' to more Republican seats in Congress with a temporary and responsive referendum. They made their voices heard."

Spanberger said she would renew her focus on ensuring voters have "all the information necessary" to vote in November under the current map, adding: "[B]ecause, in those elections, we the voters will have the final say."

Sen. Timothy Kaine, the onetime Virginia governor, took a harder line against the court itself. He said Richmond had taken its plan directly to the people and that the justices had overruled the electorate.

"[T]he Virginia Supreme Court has blocked the people's choice. So we have to campaign and win on their maps. We can do it."

But Kaine's framing sidesteps the court's central finding: the amendment never should have reached voters in the form it did, because the legislature skipped the constitutionally required steps to put it there. The referendum's outcome, a reported three-point margin for "yes", was legally irrelevant, as even Attorney General Jay Jones' own lawyer conceded during oral argument, according to former Attorney General Ken Cuccinelli's analysis of the proceedings.

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The procedural failure at the heart of the case

The Virginia Constitution requires a specific multi-step process to amend the state's governing document. A proposed amendment must pass the General Assembly, then survive an intervening House of Delegates election, then pass the legislature again before going to voters in a referendum. The court found Democrats failed to follow that sequence.

Justice Kelsey specifically called out Attorney General Jay Jones in the ruling. The majority made clear that the basis for the decision was the legislature's procedural failure, not politics, and not which side won April's popular vote on the referendum.

AP News reported that Kelsey wrote: "This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void." That language leaves little room for Democrats to claim the court acted on partisan grounds, particularly since Kelsey himself is an appointee of former Democratic Gov. Mark Warner.

The fact that a Warner appointee authored the majority opinion undercuts any narrative that the ruling was a product of Republican judicial activism. Democrats backed the redistricting. A Democratic governor's judicial appointee struck it down.

National Democrats reel from the setback

The ruling's ripple effects extend well beyond Richmond. Democrats had counted on Virginia as one of their biggest redistricting gains of the cycle, a cornerstone of the strategy to retake the House. Breitbart reported that one anonymous House Democrat told Axios: "D***, California and Virginia were supposed to be our bigger ones." Another said: "I feel like this is a colossal waste of resources that will further erode our politics."

That frustration reflects a growing pattern. National Democrats and allied groups poured dark money into the Virginia redistricting referendum, betting heavily that a favorable map could swing the balance of power in Washington. The court's ruling means all of that spending produced nothing.

The invalidated map would have drawn out all but one Republican from Virginia's congressional delegation, a breathtaking shift from the current competitive landscape. Even Sen. John Fetterman of Pennsylvania had called the redistricting effort a loss for everyone, breaking with his own party over the aggressiveness of the gerrymander.

Youngkin, Cuccinelli, and the victory lap

Former Gov. Glenn Youngkin said "justice has been served" and accused Spanberger, state Senate President Pro Tem L. Louise Lucas, and others of having "knowingly violated our constitution to disenfranchise millions of Virginians."

"The Constitution prevailed, and Virginians will never forget this unlawful attempt to rob them of their voice in Congress."

Heritage Foundation President Kevin Roberts called the ruling a major victory for the rule of law and described the failed effort as "Governor [Spanberger's] blatant power grab to silence the voices of half of Virginians in Congress."

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Former Attorney General Ken Cuccinelli, who along with former AG Jason Miyares led the legal charge against the redistricting, launched into a detailed analysis on social media within moments of the decision. Cuccinelli noted the court's explanation that it chose not to intervene before the referendum, and cited an exchange during oral argument in which Jones' lawyer conceded the referendum's outcome was legally immaterial.

Cuccinelli also took a pointed jab at Lucas, the Democratic state senator from Portsmouth widely described as the redistricting effort's architect: "BTW the vote was 4-3, maybe Senator Lucas will sell '4 f'in 3' t-shirts or maybe 6-f'in-5 t-shirts." Lucas, whose office and cannabis dispensary were raided by the FBI earlier the same week, had previously launched profane attacks on redistricting critics and depicted Virginia's Republican congressional delegation in mocking terms.

RNC Chairman Joe Gruters offered a more concise summary: "Democrats just learned that when you try to rig elections, you lose."

What comes next

It remains unclear whether Democrats have any viable path to relief from the U.S. Supreme Court. The Virginia Supreme Court's ruling rested squarely on state constitutional grounds, the kind of decision federal courts are generally reluctant to disturb.

For now, Virginia heads into the 2026 midterms under the existing congressional map. The 6-5 Democrat-to-Republican split stays in place. House Democrats rallying behind their leadership will have to find another path to the majority, one that doesn't depend on a map drawn by legislators who couldn't be bothered to follow their own state's constitution.

Spanberger has signaled she will press forward, urging voters to make their voices heard in November. But her administration now carries the weight of a redistricting effort that a bipartisan majority of Virginia's highest court called constitutionally void. That is not a talking point. It is a finding of law.

The governor who has not ruled out new taxes on everyday services now has another problem: voters who were told their redistricting vote mattered, only to learn their own leaders never followed the rules required to make it count.

Democrats wrote the process. They skipped the process. And the court held them to it. That's not partisan. That's the law working the way it's supposed to.

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