Connect with us

State News

Virginia Democrats Seek Emergency Injunction From US Supreme Court in Redistricting Fight

Published

on

Virginia Democrats on Monday asked the U.S. Supreme Court to revive the voter-approved redistricting amendment struck down last week by the Supreme Court of Virginia, escalating the fight over the state’s congressional map to the nation’s highest court with the 2026 midterms inching closer.

The U.S. Supreme Court building. (Photo by Ariana Figueroa/States Newsroom)

In an emergency application filed with Chief Justice John Roberts, attorneys representing House Speaker Don Scott, D-Portsmouth, Senate Majority Leader Scott Surovell, D-Fairfax, Senate President Pro Tempore Louise Lucas, D-Portsmouth, and the commonwealth of Virginia asked the court to pause the state ruling while the appeal moves forward.

Supreme Court of Virginia strikes down redistricting amendment, keeps current maps in place

“The irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate,” the lawmakers’ filing reads.

“By forcing the Commonwealth to conduct its congressional elections using districts different from those adopted by the General Assembly pursuant to a constitutional amendment the people just ratified, the Supreme Court of Virginia has deprived voters, candidates, and the Commonwealth of their right to the lawfully enacted congressional districts.”

The filing comes three days after Virginia’s high court ruled 4-3 that the constitutional amendment authorizing mid-decade redistricting violated procedural requirements in the Virginia Constitution and therefore could not take effect, despite being approved by voters on April 21.

That decision left in place the congressional map adopted in 2021 after Virginia’s bipartisan Redistricting Commission deadlocked. The current map, approved by the court at the time, is viewed as politically balanced and currently favors Democrats in six of the state’s 11 congressional districts and Republicans in five.

The amendment would have allowed the Democratic-controlled General Assembly to redraw Virginia’s congressional districts in response to similar efforts already underway in several Republican-led states. The new maps were projected to heavily favor Democrats in as many as 10 districts.

Writing for the majority last week, Supreme Court of Virginia Justice Arthur Kelsey said the amendment process violated the Virginia Constitution because lawmakers first passed the proposal without a 90-day public notice required by state law before the “next general election” took place.

The court concluded that the election included Virginia’s early-voting period, which had already begun when lawmakers first approved the amendment. The majority described partisan gerrymandering as a threat to democracy and said the constitutional violation “incurably taints” the referendum results.

Democrats now argue that the Virginia court fundamentally misread both state and federal election law.

“The Court overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected,” the emergency application states.

Virginia voters back redistricting amendment after months of legal and political battles

The filing repeatedly argues that elections under federal law occur on a single election day, even when states permit weeks of early voting beforehand. Attorneys say the Virginia court improperly expanded the meaning of “election” beyond its traditional legal definition — a key issue the court debated during oral arguments last month.

“The Supreme Court of Virginia’s decision was interwoven with a grave misinterpretation of federal election law,” the filing says.

The appeal also cites the U.S. Supreme Court’s 2023 ruling in Moore v. Harper, which limited how far state courts can go when interpreting election laws affecting federal races.

Virginia Democrats argue the state court “transgressed the ordinary bounds of judicial review” in its interpretation of the state Constitution. The filing further says the ruling creates logistical problems for election officials ahead of the November midterms.

Virginia’s congressional primary was recently moved from June to Aug. 4 because of the ongoing litigation, and election officials face approaching deadlines for ballot certification and absentee voting.

“This Court should act now to preserve the status quo while it considers the grave federal questions the decision below raises,” the application states.

House Minority Leader Terry Kilgore, R-Scott, one of the appellants in the case, criticized Democrats for their effort after losing before the state’s Supreme Court.

“The Supreme Court of Virginia has already ruled that Virginia Democrats violated the Virginia Constitution,” Kilgore said in a statement. “Now, rather than accept that ruling, they are running to the U.S. Supreme Court to overturn it. It’s time to stop the legal games, pass a budget for Virginians, and focus on the November midterms.”

Carl Tobias, a constitutional law professor at the University of Richmond, said the appeal raises significant constitutional questions but faces an uphill climb at the nation’s highest court.

“Most of these arguments are not grounded in law, as far as I can tell,” Tobias said. “We’ll see what the U.S. Supreme Court says about them, but I don’t think any of that is really compelling. I think those are just legal arguments they’re making, as I understand it. It is an emergency appeal that’s appropriate to pursue, but whether they’ll win remains to be seen.”

It’s unclear when or if the high court will take up the appeal. Justices last month cleared the way for Louisiana to redraw its congressional districts, as Tennessee and other states rush to reshape their maps ahead of midterm elections on Nov. 3.

 

by Markus Schmidt, Virginia Mercury


Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.

Front Royal, VA
88°
Sunny
6:20 am8:16 pm EDT
Feels like: 91°F
Wind: 4mph S
Humidity: 55%
Pressure: 29.98"Hg
UV index: 5
SunMonTue
93°F / 70°F
93°F / 72°F
90°F / 70°F
Local Government2 hours ago

County Attorney Jason Ham Addresses Variables on DATA Center Zoning Text Amendment Coming to the Supervisors

Local Government2 hours ago

County Supervisors Continue Efforts Toward Resolution of Variables Involved in DATA Center Zoning and Permitting

Obituaries3 hours ago

Damon Spencer Padgett (1978 – 2026)

Local Government1 day ago

‘Know Your Why’: Warren County Educators Begin School Year Focused on Purpose, Community, and the Power to Change Lives

Business Growth Series1 day ago

Business Growth Series: What People Say About Your Business When You’re Not There Matters

Local News1 day ago

Warren County Schools Opens Year With 98.47% Teacher Fill Rate

Legal Notices1 day ago

ORDER OF PUBLICATION: In the Circuit Court for Warren County, Virginia

Health1 day ago

Why Plain Water Is Not Always the Best Drink in Extreme Heat

Food1 day ago

Protein-Packed Couscous Salad Makes a Fresh, Colorful Meal

Crime/Court2 days ago

Linden Woman Charged in Warren County Shooting

State News2 days ago

Spanberger Takes Unprecedented Step to Intervene in $67B Dominion-NextEra Merger

Community Events2 days ago

This Week’s Showtimes at Royal Cinemas as of August 6th

State News2 days ago

Menhaden Management Board Advances Addendum with Potential Cuts to Chesapeake Bay Fishery Limits

State News2 days ago

Kaine Pitches Reforms for Drug Pricing Program Supporting Underserved Patients, Safety Net Providers

State News2 days ago

Virginia Moves Toward Regulating Self-Driving Vehicles Amid Safety and Liability Concerns

National News2 days ago

US Senate Stopgap Fails to Renew More Than $38B a Year in State Transportation Funding

National News2 days ago

Trump Urges US Senate to Pass Bill Making Daylight Saving Time Permanent

Local News2 days ago

Update: Lloyd Defeats Silek in Ordered Revote for the Warren County Republican Committee Chairmanship

Local News2 days ago

Dominion Ridge Academy to Become Blue Ridge Christian Academy

State News2 days ago

SCC Orders Dominion to Develop Tariff to Assign More Transmission Costs to Data Centers

Interesting Things to Know2 days ago

A Simple Budget You Can Build With One Sheet of Paper

Business2 days ago

Anduril Founder Says the Patent Bargain No Longer Works

Obituaries3 days ago

Elizabeth Anne Calendine (1935 – 2026)

Obituaries3 days ago

Kelvin Lamont “Poofie” Jordan (1973 – 2026)

Community Events3 days ago

National Night Out 2026 Continues Building Bridges of Understanding Between Law Enforcement and Community