Democrats were dealt another blow in the ongoing nationwide redistricting battle after the Virginia Supreme Court effectively nullified the results of a recent special election in the commonwealth.
On April 21, Virginians narrowly passed a referendum that would allow the redraw of the commonwealth’s congressional districts, which could have led to a 10-1 advantage for the Democrats in the commonwealth’s congressional makeup.
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Justice D. Arthur Kelsey gave the majority opinion following the decision.
“While the Commonwealth is free by its lights to do the right thing for the right reason, the Rule of Law requires that it be done the right way. Under the Constitution of Virginia, the right way “necessitate[s] compliance with the requirements of a deliberately lengthy, precise, and balanced procedure,” Coleman, 219 Va. at 153, governing the lawful adoption of constitutional amendments. “[S]trict compliance with these mandatory provisions is required in order that all proposed constitutional amendments shall receive the deliberate consideration and careful scrutiny that they deserve.” Id. at 154.
In this case, the Commonwealth submitted a proposed constitutional amendment to Virginia voters in an unprecedented manner that violated the intervening-election requirement in Article XII, Section 1 of the Constitution of Virginia.[1] This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void. For this reason, the congressional district maps issued by this Court in 2021 pursuant to Article II, Section 6-A of the Constitution of Virginia remain the governing maps for the upcoming 2026 congressional elections."
Justice D. Arthur Kelsey
The decision is another major loss for Democrats in the ongoing redistricting battle, as it comes just over a week after a U.S. Supreme Court Decision that saw the gutting of a major provision of the Voting Rights Act of 1965.
Statewide, lawmakers gave opinions that were divided along party lines. Gov. Abigail Spanberger said she was “disappointed by the Supreme Court of Virginia’s ruling.”
“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.
I am disappointed by the Supreme Court of Virginia’s ruling, but my focus as Governor will be on ensuring that all voters have the information necessary to make their voices heard this November in the midterm elections because in those elections we — the voters — will have the final say.”
U.S. Reps. John McGuire, Ben Cline, and Morgan Griffith, all R-Va, make up the majority of Southwest and Central Virginia’s congressional makeup. They all spoke in approval of the Supreme Court’s decision:
“The referendum’s narrow election results reinforced what Virginians decided six years ago, we don’t want partisan politicians drawing our maps. The Redistricting Commission was created to ensure all Virginians’ voices are heard, and thanks to the Virginia Supreme Court, that will not change. Virginia Democrats’ hasty, dishonest, and illegal attempts to redraw our maps proved how desperate they are to take away our representation. Democrat politicians in Virginia tried to cheat by violating our constitution, but thank God they didn’t get away with it. I commend the Virginia Supreme Court for upholding the constitution and standing up for the voices of every voter in our Commonwealth. I want to thank everyone who worked so hard to get out the NO vote. I look forward to continuing to work with President Trump and House leadership to win the midterms, so we can continue making America great again for all Americans.”
U.S. Representative John McGuire, R-Va
“This is the correct decision, and 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.
The voters of Virginia banned gerrymandering six years ago, and that ban remains in effect today.
This is a great day for fair elections and the rule of law, and it’s a great day for the Commonwealth of Virginia."
U.S. Representative Ben Cline, R-Va
“The Supreme Court of Virginia decided a case of first impression. I believe they decided correctly and set aside the redistricting efforts by the state legislature. I commend the Supreme Court for its diligence and fortitude.I look forward to continuing to serve the people of the Ninth Congressional District of Virginia.”
U.S. Representative Morgan Griffith, R-Va
U.S. Sens. Tim Kaine and Mark Warner, both D-Va, expressed discontent with the decision.
“Unlike Republican-led states that have redrawn their maps through backroom deals, the Virginia General Assembly let the people decide for themselves in a free and fair election. If the Virginia Supreme Court had legitimate concerns about this referendum, the time to stop it would have been before three million Virginians cast their ballots. But the Court let the process move forward, and Virginians sent a message loud and clear: we see President Trump’s brazen power grab in states across the country, and we won’t stand for it.
The timing of this ruling speaks volumes. The U.S. Supreme Court eviscerates the Voting Rights Act in a lawsuit brought by a January 6 extremist and Southern states race to craft backroom deals disenfranchising minority voters and candidates. Meanwhile Virginia voters choose to stand up against national disenfranchisement only to see their votes cast into the trash by a 4-3 ruling. A sad day indeed but I’m proud of Virginians’ willingness to stay true to our state’s motto after 250 years. That spirit is needed now more than ever.”
U.S. Senator Tim Kaine, D-Va
“While I respect the Virginia Supreme Court’s decision, it’s impossible to ignore that more than three million Virginians already cast their ballots on the amendment and deserved to have their voices heard.
Let’s be clear: this started because Republicans across the country decided to push mid-decade redistricting in states where they thought they could rig the map for partisan gain. Virginia’s effort was a response to that national power grab, not the cause of it.
Donald Trump assumed he could tilt the playing field and lock in political advantage before a single ballot was cast. But Virginians are paying attention. They want leaders who will protect their rights, defend their freedoms, and actually focus on lowering costs and getting things done. Democrats will still show up this November, we will still compete everywhere, and when the votes are counted, Virginians will send a strong message about the kind of leadership they want.”
U.S. Senator Mark Warner, D-Va
Lt. Gov. Ghazala Hashmi and Attorney General Jay Jones, who are also Democrats, were also dismayed by the ruling.
“This April, millions of Virginians from every corner of the Commonwealth participated in our democratic process and cast their ballots in good faith. At a moment when voting rights are under sustained attack across the country, the Supreme Court’s decision sends a deeply troubling message. Across the nation, we are witnessing a systematic dismantling of electoral integrity, all for the sake of partisan advantage. The recent and disturbing actions of the Supreme Court of the United States, as it gutted the Voting Rights Act, the unconstitutional actions of Donald Trump and Republican-controlled states to redraw congressional maps without any engagement with state voters, and the abuse of a Republican-majority Congress that continues to strip rights from millions of Americans all define a frightening path towards the dismantling of democracy. The scale and coordination of these efforts are unprecedented in modern American history.
Now, in a 4-3 decision, the Supreme Court of Virginia has told voters in the Commonwealth that their voices can simply be discarded. This decision does not exist in isolation. It comes amid years of assaults on fundamental civil rights, the battles for voting rights, escalating hyperpartisanship, and coordinated efforts to erode public trust in democratic institutions. These actions disenfranchise voters and weaken the very principles of our country.
In a time of growing national instability and political chaos, the Commonwealth has a responsibility to stand firmly in defense of democracy. Virginians understood this responsibility and made their voices heard loud and clear this past November as they elected Democrats who will fight for them into all three statewide offices and secured a strong majority in the House of Delegates. Democrats stood up and fought, as hard as possible, for every Virginian and for all Americans. Virginia must remain committed to an electoral system that puts people before politics and protects the fundamental right of every citizen to participate fully and fairly in the decisions that impact their lives. Our Commonwealth must remain a bulwark and stand on the sacred principle that voters choose their leaders, not the other way around.”
Lt. Gov. Ghazala Hashmi
“Today the Supreme Court of Virginia has chosen to put politics over the rule of law by issuing a ruling that overturns the April 21st special election on redistricting. This decision silences the voices of the millions of Virginians who cast their ballots in every corner of the Commonwealth, and it fuels the growing fears across our nation about the state of our democracy.
As Attorney General, it is my job to enforce the laws on the books and defend the will of the people. Before the Court, my office clearly laid out both in filings and oral arguments that this constitutional amendment process and voter ratification occurred in a timely, constitutionally-compliant, and legally sound manner.
The Republican-led majority of the Supreme Court of Virginia contorted the plain language of the Constitution and Code of Virginia to give it a meaning that was never intended, which allowed them to reach the wrong legal conclusion that fit their political agenda. The consequences of their error are grave.
The strength and stability of our democracy depends on adherence to the rule of law, the execution of free and fair elections where every eligible voter can cast their ballots to choose their leaders, and public trust in the institutions that provide accountability and protect our democratic processes. This Court’s ruling follows a dangerous trend of tilting power away from the people.
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."
Attorney General Jay Jones
Former Gov. Glenn Youngkin, who fought against the amendment, also released a statement on X:
“Justice has been served. From the beginning, this was the most obvious violation of Virginia’s Constitution. Abigail Spanberger and Democrats in Richmond 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."
Former Gov. Glenn Youngkin