Finn's Take· TL;DRThe Virginia Supreme Court threw out state Democrats' redistricting referendum on Friday, ruling 4-3 that it didn't follow the proper procedures and handing a huge political blow to the party in the process. More than three million Virginians cast ballots in the April 21 referendum on redrawing the state's congressional map, with the measure passing by a narrow margin after roughly 1.6 million voters backed it and 1.5 million opposed it. Voters narrowly approved the amendment on April 21, but the court's ruling renders the vote's result meaningless. Writing for the majority, Justice D. Arthur Kelsey wrote that the legislature submitted the proposed constitutional amendment to voters "in an unprecedented manner."
This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void," the court said in its opinion. They challenged Democrats' decision to reconvene an already open special session and alleged that they failed to hold an intervening election before passing the proposed amendment for a second time — both requirements of the Virginia Constitution. They also asserted that local officials failed to publish notice of the proposed amendment 90 days before the November general election.
Democrats had hoped to win as many as four additional U.S. House seats under Virginia's redrawn map as part of an attempt to offset Republican redistricting done elsewhere at the urging of President Donald Trump. The decision casts aside the state's new congressional map that would've given Democrats a 10-1 tilt in Virginia. Virginia is currently represented in the U.S. House by six Democrats and five Republicans, all elected from districts imposed by a court following a bipartisan redistricting commission's failure to agree on a map after the 2020 census. The new districts could have given Democrats an improved chance to win all but one of the state's 11 congressional seats.
Trump sparked the redistricting battle last summer, when he called on Republican-led states to redraw their maps mid-decade. Traditionally, House district maps are redrawn every ten years, falling in line with the release of census data to adjust for population changes and migration. Meanwhile, Republicans stand to gain from new House districts passed in Florida, Missouri, North Carolina, Ohio and Tennessee. They could add even more after the U.S. Supreme Court's ruling in the Voting Rights Act case, which has prompted some other Republican states to consider redrawing their maps in time for this year's elections.
President Donald Trump weighed in on his Truth Social network, calling the ruling a "Huge win for the Republican Party, and America, in Virginia." Democrats just learned that when you try to rig elections, you lose," Republican National Committee Chair Joe Gruters said in a statement. "Today, the Virginia Supreme Court sided with the rule of law and struck down Democrats' unconstitutional maps."
Rep. Suzan DelBene, chair of the Democratic Congressional Campaign Committee, said in a statement that "four unelected judges decided to cast aside the will of the voters." "This is a setback that sends a terrible message to Americans – the powerful and elite will do everything they can to silence you," she said. Following Friday's decision, House Minority Leader Rep. Hakeem Jeffries of New York said in a statement that "the decision to overturn an entire election is an unprecedented and undemocratic action that cannot stand," adding that lawmakers were exploring options to overturn the decision.
The decision maintains the voting map used in the 2024 elections, where there are a handful of battleground districts, and now gives Republicans a lead of 6 to 8 additional midterms seats. If Virginia's map remains invalidated, Republicans could eventually end up with an advantage in as many as 10 House seats nationwide, pending the outcome of current Republican redistricting efforts in Louisiana, Alabama and Tennessee.
The ruling represents a significant shift in the balance of power heading into the November midterm elections. With control of the House potentially hinging on just a handful of districts nationwide, Virginia's decision to maintain its current map rather than implement the voter-approved changes could prove decisive in determining which party controls Congress for the remainder of Trump's presidency.