Supreme Court of Virginia strikes down redistricting plan

Kate Seltzer, The Virginian-Pilot on May 8, 2026

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RICHMOND, Va. — A divided Supreme Court of Virginia ruled Friday to overturn the results of April’s redistricting referendum, where Virginians voted to adopt a constitutional amendment that would allow the state legislature to redraw congressional maps mid-decade.

The new maps would have favored Democrats in 10 out of Virginia’s 11 congressional districts.

The ruling was a 4-3 split. In a 30-page opinion issued Friday, the court found “that the legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia.”

“This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy,” wrote Justice D. Arthur Kelsey in the opinion for the majority.

Chief Justice Cleo E. Powell, Justice Thomas P. Mann, and Justice Junius P. Fulton, III dissented

Republicans celebrated their victory Friday.

“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,” said House Minority Leader Terry Kilgore in a statement. “You cannot violate the Constitution to amend the Constitution.”

In a statement, House Speaker Don Scott said he respects the court’s decision but would keep fighting for “a democracy where voters – not politicians – have the final say.”

“Three million people voted in a free and fair election,” he said. “We gave this decision to the voters – exactly where it belongs – and they spoke loud and clear. They voted YES because they wanted to fight back against the Trump power grab.”

Virginia voters narrowly approved the April 21 referendum, with 51.7% in favor. The special election drew the influence of national political heavyweights, with proponents and opponents spending tens of millions in a contentious messaging battle. Under the temporary maps, Democrats were poised to gain four additional U.S. House seats in the midterm elections. Currently, Democrats hold six seats to Republicans’ five.

The ruling Friday was issued in one of several legal challenges brought by Republicans.

Attorney General Jay Jones said he was still evaluating legal options.

“This Court’s ruling follows a dangerous trend of tilting power away from the people,” he said in a statement. “My team is carefully reviewing this unprecedented order and we are evaluating every legal pathway forward to defend the will of the people and protect the integrity of Virginia’s elections.”

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