Six days after Virginia voters approved a Democratic redistricting referendum by 3 points, the state's highest court took up the case Monday — and the questions from the bench were not friendly to the winning side.
Virginia Supreme Court Hears Redistricting Arguments
The Virginia Supreme Court grappled Monday over the validity of the legislative process leading to last week's redistricting referendum, during oral arguments in one of the challenges to the state's new congressional map. The case carries enormous stakes: an eventual decision could determine the fate of the new congressional map for the midterm elections, where Democrats would be favored in 10 of Virginia's 11 House seats. They currently hold five under the existing map.
Attorneys for the Democrats were peppered with tough questions by the justices, signaling some skepticism of their arguments. Only three of the seven justices asked questions during the session — most coming from Justices Stephen R. McCullough and Wesley G. Russell Jr., both Republicans. The remaining four were largely silent, leaving analysts guessing about where the court's majority stands.
What the Justices Focused On
The core dispute comes down to two procedural questions. Republicans argue the election started when the early voting period began 45 days prior to Election Day. Democrats argued that votes are not counted until Election Day itself.
The second flashpoint: the legitimacy of the special session used to launch the process. The special session that Democrats used last year to advance the redistricting proposal was originally called in 2024 to address budget issues. The scope was changed in October 2025 to include redistricting. Republicans argue lawmakers had no authority to expand it that way.
Justice Wesley Russell pressed Democratic attorney Matthew Seligman on whether the General Assembly failed to follow the terms of its own resolution for expanding the session. Seligman responded that the principle of non-interference in legislative rules "is firmly rooted in law."
Virginia Solicitor General Tillman J. Breckenridge pushed back on the Republican procedural argument directly. He argued that the intervening election requirement was meant to ensure voters had enough time to become educated on a ballot issue — not to give them a chance to voice their opinion during that intervening election.
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Judge Hurley's Ruling Still Stands — For Now
The redistricting map is currently blocked. A day after Virginians voted in favor of redistricting, Judge Jack Hurley of Tazewell County Circuit Court declared all the votes ineffective. In his ruling, Hurley said the referendum violated several constitutional clauses, including the 90-day public notice requirement, and called the question presented to voters "flagrantly misleading."
On April 22, Hurley issued a final order of judgment, permanently enjoining the State Board of Elections from certifying the results and blocking the board from executing any changes required to instate the new congressional map. Attorney General Jay Jones immediately appealed.
A separate circuit court reached a different conclusion. Another Virginia circuit court refused to block implementation of the new map, writing in its order that millions of Virginians had voted and that it was in the public interest to allow the amendment to take effect.
The Redistricting Map and the National Stakes
Virginia's effort was part of a national Democratic response to Republican-led redistricting in other states, kicked off by President Trump's encouragement to draw maps more favorable to the GOP before the November midterms.
The Virginia redistricting referendum marked a setback for Trump, who launched the national redistricting battle last year by urging Republican officials in Texas to redraw districts — with the goal of helping Republicans hold their narrow House majority in the face of midterm headwinds.
House Speaker Don Scott celebrated last week's vote result, declaring that "Virginia just changed the trajectory of the 2026 midterms." Republicans were blunter. GOP House Leader Terry Kilgore stated flatly: "The ballot box was never the final word here."
The Clock Is Ticking
The court has not set a timeline for its ruling, but the calendar is forcing the issue. Congressional candidates have until May 26 to file — and without a settled district map, candidates may not know who they represent, and voters may not know who they can send to Congress.
Democracy Docket noted Monday that the court could find procedural defects in the passage of the redistricting plan without voiding last week's election entirely — leaving the voters' decision intact even if the process was flawed. That narrow path remains open. Attorney General Jones has pledged his office is prepared for every challenge that follows.
