The Supreme Court of Virginia on Friday struck down the voter-approved redistricting amendment, upholding a lower court ruling that had declared the measure unconstitutional less than 24 hours after last week’s special election and briefly halted its implementation. State Democrats later said they would appeal the decision to the Supreme Court of the United States.

The high court found that the amendment itself was flawed because lawmakers approved the proposal after voting had already started in the 2025 House of Delegates elections, depriving more than 1.3 million Virginians of an opportunity to weigh the issue when choosing their representatives.

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

The 4-3 ruling leaves the state’s current congressional districts — which give Democrats a 6-5 advantage — in place throughout the 2026 midterm election and the rest of the decade, instead of proposed districts that Democrats believed could produce a 10-1 advantage.  

The decision affirms the ruling by a Tazewell County judge who had blocked the amendment, siding with Republican challengers who argued the General Assembly failed to follow required constitutional procedures. 

In the opinion, the justices said Article XII, Section 1 of Virginia’s constitution requires “an intervening general election” between the legislature’s first and second approvals of a constitutional amendment so voters can evaluate candidates based on their stance on the proposal.

“The purpose of Article XII, Section 1 is to give voters the opportunity to participate in the process of amending their Constitution,” Justice D. Arthur Kelsey wrote for the majority. “The commonwealth in this case … ended up denying over 1.3 million Virginians their constitutional right to have a voice in the debate over whether their Constitution should be amended.” 

State Sen. Ryan T. McDougle, R-Hanover, the Senate Republican leader and one of the appellees in the case, praised the ruling as a reaffirmation of Virginia’s constitutional process.

“The Supreme Court ruling today affirms what we all know: you cannot violate the Constitution to change the Constitution,” McDougle said in a statement. He added that the decision showed “even the General Assembly must follow the law.”

McDougle called the ruling “not a partisan one — it is a constitutional one” and said “every Virginian wins.”

House Minority Leader Terry Kilgore, R-Scott, another appellee, praised the decision as a reaffirmation that constitutional amendment procedures must be strictly followed regardless of political considerations.

“Today’s ruling establishes once again that the Constitution of Virginia means what it says,” Kilgore said in a statement. 

“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. You cannot violate the constitution to amend the constitution.”

And Joe Gruters, chairman of the Republican National Committee, which had filed an amicus brief in the case and brought a similar challenge, accused Democrats of trying to redraw Virginia’s congressional districts for political advantage ahead of the 2026 midterms.

“Democrats just learned that when you try to rig elections, you lose,” Gruters said in a statement. “Today, the Virginia Supreme Court sided with the rule of law and struck down Democrats’ unconstitutional maps.”

Gruters said the RNC had “led the charge in court against this blatant power grab” and accused Democrats of spending “more than $66 million into an effort to lock in control and silence voters.”

Meanwhile, Virginia Attorney General Jay Jones criticized the ruling and said the state is still considering its legal options.

“Today the Supreme Court of Virginia has chosen to put politics over the rule of law by issuing a ruling that overturns the April 21 special election on redistricting,” Jones said in a statement. “This decision silences the voices of the millions of Virginians who cast their ballots in every corner of the commonwealth.”

Jones defended the amendment process as “timely, constitutionally-compliant, and legally sound,” and accused the court’s Republican-appointed majority of “contort[ing] the plain language of the Constitution and Code of Virginia.”

He said his office is “evaluating every legal pathway forward to defend the will of the people and protect the integrity of Virginia’s elections.”

By Friday afternoon, state Democrats made a filing asking the high court to delay enforcing its ruling, suggesting they would pursue an appeal to the United States Supreme Court.

“Appellants and the Commonwealth intend to file an emergency petition to the Supreme Court of the United States,” the court document read.

But Carl Tobias,  a constitutional law professor at the University of Richmond, said an appeal to the Supreme Court of the United States would face significant practical and legal obstacles, particularly this late in the court’s term and so close to the 2026 elections.

“It is very late in the SCOTUS term for the U.S. Supreme Court justices to give an appeal a full-dress treatment, and the justices are often reluctant to rule on voting disputes as elections approach,” Tobias said. 

“However, this is an important case, so it may be possible that SCOTUS would entertain an appeal.” He added that the nation’s highest court “may also be reluctant to second guess the interpretation of Virginia’s Constitution by a 4-3 majority of the Virginia Supreme Court justices.”

The court’s decision comes twelve days after justices heard oral arguments in the case, pressing attorneys on whether lawmakers complied with constitutional requirements governing amendments. 

At issue was whether Democrats had lawfully advanced the amendment through the required legislative process before sending it to voters. 

The case focused on disputes over whether there was a valid intervening General Election between legislative approvals, whether the public received the required notice ahead of the November election, and whether the amendment could legally be taken up during a special session initially called to address changes to the state budget. 

During arguments, Justice Wesley G. Russell Jr. questioned both sides closely, probing the limits of legislative authority and whether alleged procedural defects should invalidate the measure already approved by the voters. 

The morning after the hearing, the court denied a request by the Virginia Department of Elections to stay Tazewell County’s April 22 order while it continued to consider the case. 

House Speaker Don Scott, D-Portsmouth, one of the chief architects of the amendment, said Friday that while he respects the court’s decision, the referendum still reflected the will of millions of Virginians who backed the measure at the ballot box.

“Three million people voted in a free and fair election,” Scott said in a statement. “We gave this decision to the voters — exactly where it belongs — and they spoke loud and clear.” 

He added that supporters would “keep fighting for a democracy where voters — not politicians — have the final say.”

President Donald Trump weighed in on his Truth Social network, calling the ruling a “Huge win for the Republican Party, and America, in Virginia.”

GOP challenges test limits of amendment process

The lawsuit was filed in October by Republican lawmakers and a member of Virginia’s redistricting commission. Plaintiffs included state Sens. Ryan McDougle of Hanover and Bill Stanley of Franklin, Del. Terry Kilgore of Scott, and Commissioner Virginia Trost Thornton. 

They argued that the legislature overstepped its authority and failed to follow the constitutionally mandated process, which requires amendments to pass the General Assembly twice with an intervening General Election before going to voters. 

Tazewell County Circuit Court Judge Jack C. Hurley agreed in January, ruling that the amendment process was flawed. 

The state appealed, and while the Supreme Court allowed the referendum to proceed ahead of the April 21 vote, it did not immediately resolve the underlying legal questions, setting the stage for a post-election hearing and this week’s decision. 

The case has drawn national attention as both parties look ahead to the 2026 midterms, when control of the U.S. House could come down to a small number of competitive districts. 

Virginia’s attempt to redraw congressional districts outside the normal post-census cycle became part of a broader national push by both parties to revisit House maps ahead of the midterms. The effort gained momentum after Trump encouraged Republican-led states, beginning with Texas, to pursue similar redistricting moves.  

The lower court’s ruling April 22 briefly halted those plans in Virginia.

Hurley found lawmakers exceeded the scope of the special session in which the amendment was first introduced, failed to meet public notice requirements and did not properly satisfy the intervening election requirement. 

Friday’s ruling from the Supreme Court of Virginia affirmed that decision, although it remains unclear if the ruling will be viewed as a precedent for two related cases currently moving through the court system, or whether these cases will be taken up separately by the high court.

David Richards, a political science professor at the University of Lynchburg, said the ruling represents both a political blow to Democrats and a broader affirmation that constitutional procedures still matter, regardless of the political stakes involved.

“The Virginia Supreme Court’s ruling today is an obvious setback for the Democrats, but it is also a win for making the state government pay closer attention to the rules,” Richards said. 

“The whole referendum was hastily put together, and this is the result we get — so much time and money wasted in an effort to work around the rules and a districting system that the voters had just approved a few years earlier.” 

He added that while “it may not be the outcome some people wanted,” the court “was right not to give in to pressure and instead soberly look at the process.”

From late-October push to legal showdown

The redistricting battle began on Oct. 27, just days before the Nov. 4 state elections, when Democratic lawmakers introduced a constitutional amendment during a special session of the General Assembly that would allow congressional districts to be redrawn outside of the once-in-a-decade redistricting cycle tied to the census. 

The proposal immediately sparked partisan fights over both the timing of the amendment and Democrats’ push to redraw Virginia’s congressional map ahead of the midterms. 

The House advanced the proposal the next day, and the Senate approved it on Oct. 31 along party lines, pushing it forward as required by the multi-step constitutional process, which required the amendment to pass again in a subsequent session. 

When lawmakers returned to Richmond in January, they approved the legislation a second time, but the measure soon became entangled in legal challenges. 

After Hurley first ruled the amendment invalid, the Supreme Court of Virginia intervened, allowing the referendum to proceed despite the lower court ruling. At the time, justices made clear they were not resolving the broader legal questions, only ensuring that voters would have the opportunity to weigh in. 

The court’s earlier decision to allow the referendum onto the ballot led many legal observers to believe the amendment would likely survive if voters approved it. 

As the legal fight continued, Democrats began outlining what the new congressional districts would look like. A proposed map released in early February that would likely favor them in most of Virginia’s 11 districts.

Republicans escalated their opposition soon after, filing additional legal challenges and seeking to block the vote. A temporary restraining order by the Tazewell County court applied locally, but the Supreme Court again stepped in to stay that order, allowing the referendum to proceed statewide. 

Heated campaigns culminate in close final margin 

The fight over the amendment intensified in the weeks leading up to the vote.

Outside groups backing both sides poured millions of dollars into the campaign in March, flooding voters with ads and mailers. Some of the messaging drew criticism for using civil rights-era imagery.

Civil rights imagery in anti-redistricting mailers draws outrage in Virginia

Both parties expanded outreach efforts as early voting data showed strong turnout in Republican-leaning parts of the state, making the final outcome harder to predict. 

In the final days of the campaign, Gov. Abigail Spanberger ramped up her public support for the amendment while former Gov. Glenn Youngkin urged voters to reject the measure and continued pressing the courts to block the measure. 

Spanberger said Friday she was disappointed by the ruling but emphasized that voters will still ultimately decide the balance of political power in the 2026 midterm elections.

“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,” Spanberger said in a statement. “They made their voices heard.”

She added that while she disagreed with the court’s decision, her administration’s focus would now shift toward voter participation in the upcoming elections. 

Voters ultimately approved the amendment by roughly three percentage points April 21, before the dispute returned to the Supreme Court. 

With the Supreme Court’s decision now in place, the new congressional maps will not take effect, leaving Virginia’s current districts in place until a previously passed amendment requires the state’s bipartisan redistricting commission to draw new maps following the 2030 census. 

Editor’s note: This is a breaking news story that will be updated as more information becomes available. 

Virginia voters on Tuesday approved a constitutional amendment allowing mid-decade congressional redistricting, a move expected to dramatically reshape the state’s political map and potentially shift its congressional delegation from a closely divided 6-5 split to a heavily Democratic-leaning 10-1 advantage.

By 8:50 p.m., the measure passed by a vote of 50.7-49.3% out of 2.5 million ballots cast, according to unofficial results from the Virginia Department of Elections, clearing the way for lawmakers to redraw district lines outside the traditional once-a-decade census cycle. The winning margin continued to increase throughout the night as more votes were tallied. 

Supporters argued the amendment gives Virginia flexibility to respond to aggressive redistricting efforts in several Republican-led states at the urging of President Donald Trump, while critics warned it opens the door to partisan gerrymandering and undermines long-standing constitutional guardrails.

Gov. Abigail Spanberger said in a statement Tuesday evening that voters “approved a temporary measure to push back against a president who claims he is ‘entitled’ to more Republican seats in Congress,” adding that Virginians “responded the right way: at the ballot box.” 

She said she plans to campaign with candidates across the commonwealth ahead of the midterms and emphasized her commitment to restoring the state’s bipartisan redistricting commission after the 2030 census.

Virginia Senate Majority Leader Scott Surovell, D-Fairfax, said the results reflect what he described as a reaffirmation of democratic principles, arguing that voters “answered a question about the nature of our democracy … in favor of the people.” 

He said Virginians acted in response to what he called “unprecedented gerrymandering in other states,” adding that “fairness won” and “accountability won,” and that the outcome shows “the people will decide.”

Virginia House Speaker Don Scott, D-Portsmouth, said the outcome sends a national signal, arguing that voters rejected efforts to “rig our democracy” and instead affirmed that “power belongs to the people.” He said the vote could shape the 2026 midterms, adding that Virginians “stepped up and leveled the playing field for the entire country” and that “when the stakes are highest, we lead.”

Heather Williams, president of the Democratic Legislative Campaign Committee, said the vote delivers “a massive blow to the GOP plot to rig control of Congress,” praising Virginia voters for what she described as answering a national call to protect democracy. 

At the same time, she cautioned that “the fight is far from over,” arguing that redistricting battles will continue to play out in state legislatures and that upcoming elections will be critical in determining who draws maps and holds power in the years ahead.

Virginia House GOP Leader Terry Kilgore, R-Scott, said Tuesday’s outcome was “not unexpected,” arguing the process was “tilted” by what he described as “misleading ballot language and a massive spending advantage.” 

He said legal challenges will continue, adding that “the ballot box was never the final word here” and that Republicans will keep pushing for “fair maps, transparent process, and equal representation for every Virginian.”

Special session sparks fast-moving redistricting push 

The effort to change Virginia’s redistricting rules began abruptly in late October, during a special legislative session that had been called to address budget matters but quickly veered into a broader political fight.

On Oct. 27 — days before the Nov. 4 statewide elections — Democratic lawmakers unveiled plans to pursue a constitutional amendment allowing congressional maps to be redrawn outside the traditional post-census cycle. 

Within hours, the proposal ignited a sharp debate over timing, process and political intent.

Scott framed the move as a response to national redistricting battles, saying at the time, “I think we have an opportunity now to send a message to the rest of the country that we’re not going to stand by while you rig this election. We will do everything in our power to level the playing field we were talking about.”

Republicans, meanwhile, questioned both the substance and the setting. Del. Michael Webert, R-Fauquier, said the special session had been called for budget work, not constitutional changes.

“We went into a special session to solve a very specific problem. It was not meant to be used as a tool to continuously identify issues and keep what they’re doing,” Webert said. “We shouldn’t (have been) in two sessions at the same time (and) because of that confusion, I believe … it delegitimizes specific legislative processes.”

The session’s temperature rose further when Senate Democrats blocked the reading of a communication from then-Gov. Glenn Youngkin, who had sharply criticized the effort.

“I am disappointed to see the General Assembly reconvening this week to ram through a constitutional amendment on redistricting only seven days before the close of our 2025 statewide and House of Delegates election and with over one million voters already casting their ballot,” Youngkin wrote.

On the Senate floor, Sen. Bill Stanley, R-Franklin, appealed to what he described as Virginia’s past bipartisan approach to redistricting reform.

“Sometimes we must overcome our partisan desires and do what is right for the commonwealth as a whole,” Stanley said. “We looked Virginia voters in the eye, and promised them something fundamental, that Virginia would pick their representatives, and not the other way around. What message do we send to them if we walk away now?”

Despite the divisions, lawmakers moved quickly. On the same day, Democrats released the amendment’s language, outlining a framework for mid-cycle redistricting subject to voter approval. 

The House advanced the measure the following day, and the Senate approved it on Oct. 31 in a party-line vote, sending it forward in the multi-step constitutional process. That process required the amendment to pass again in a subsequent legislative session. 

When lawmakers reconvened in January, the proposal moved forward — but soon became entangled in a series of legal challenges.

Legal battles complicate road to the ballot 

In late January, a Virginia court struck down the amendment that had been slated for the April ballot, casting uncertainty over whether voters would ultimately weigh in.

In a 22-page ruling, Tazewell County Circuit Court Judge Jack C. Hurley found that the legislature acted unlawfully in approving the redistricting amendment during a special session just days before the Nov. 4 election. Hurley concluded that lawmakers exceeded the scope of that session, violated their own procedural rules and failed to comply with constitutional and statutory requirements governing amendments to the Virginia Constitution.

The state’s highest court soon reversed that trajectory. In February, the Supreme Court of Virginia allowed the referendum to proceed, clearing the way for the issue to appear on the ballot.

“Certainly the General Assembly was clear with the amendment process they put forward, and now it’s up to voters,” Spanberger said at the time, mere weeks after taking her oath of office.  

At the same time, Democrats began outlining what new congressional lines could look like.

A proposed map released in early February would significantly reshape district boundaries and was widely seen as favoring Democrats across most of the state’s 11 congressional districts.

Republicans escalated their opposition later that month, filing an emergency lawsuit seeking to block the vote and challenging the amendment process itself — a move that the same Tazewell County judge granted but that only applied to his jurisdiction. 

Once again, the Supreme Court of Virginia stepped in, granting a petition for review of the case and staying the temporary restraining order, which allowed the election to move forward statewide. 

However, the justices emphasized their decision does not resolve the underlying legal claims about whether the General Assembly followed proper procedures in advancing the amendment.

Meanwhile, the referendum drew national attention, with prominent Democrats — including former President Barack Obama — voicing support while Virginia Republicans intensified their warnings as the campaign entered its final stretch.

On Tuesday evening, Obama praised the outcome on X, writing, “Congratulations, Virginia! Republicans are trying to tilt the midterm elections in their favor, but they haven’t done it yet,” and thanking voters for “showing us what it looks like to stand up for our democracy and fight back.”

Campaign messaging grew increasingly contentious in March, particularly after mailers opposing the amendment invoked civil rights era imagery, prompting backlash and public criticism. 

Some Republicans defended the mailers, adding to the broader political dispute surrounding the vote.

Early voting data added another layer of uncertainty, with turnout showing strength in Republican-leaning areas even as both parties ramped up efforts to mobilize voters statewide.

In the final weeks, Spanberger balanced her governing responsibilities with public support for the amendment, while Youngkin returned to the campaign trail urging voters to reject it and continued to press for court intervention.

In her statement Tuesday, Spanberger said that she remained “committed to ensuring Virginia’s bipartisan redistricting commission gets back to work after the 2030 census, and to protecting the process Virginians voted to create.”

FULL COVERAGE: Virginia redistricting referendum