Virginia Democrats escalated their redistricting battle to the U.S. Supreme Court on Monday, urging the justices to reinstate a congressional map that could hand the party up to four additional House seats in the upcoming midterm elections.
In an emergency appeal, state officials accused the Virginia Supreme Court of engaging in what they called “judicial defiance” after the court invalidated the map last week. The state court ruled 4-3 that Democratic lawmakers had failed to follow proper legislative procedures before voters approved the new district lines in an April referendum.
The filing argues that the state court’s interpretation of Virginia’s constitution was “novel and manifestly atextual,” overriding the will of voters who ratified the amendment. “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 appeal states.
The case is the latest front in a national redistricting war, with both parties racing to redraw maps ahead of November. Virginia emerged as a key Democratic counterpunch to Republican-led efforts in states like Texas and elsewhere. Democrats in Virginia hoped to shift the state’s congressional delegation to a 10-1 Democratic advantage, picking up as many as four seats.
Unless the Supreme Court intervenes, the Virginia Supreme Court’s ruling effectively kills that plan for this year’s elections. The state court found that the legislature did not meet the constitutional requirement of passing the redistricting proposal in two separate sessions with an intervening election. Because early voting for the 2025 election was already underway when Democrats first passed the lines in October, the court determined that the election had already begun, rendering the map invalid.
Virginia Attorney General Jay Jones (D) and other state leaders argue that the decision raises two federal issues: it conflicts with the federal definition of an “election” and undermines a recent Supreme Court ruling affirming state legislatures’ authority over federal elections. “The window for orderly administration of Virginia’s congressional elections is closing rapidly,” the appeal warns, urging the high court to “preserve the status quo while it considers the grave federal questions.”
The Supreme Court has limited authority to review state court decisions, typically letting rulings stand when they rest on “adequate and independent state grounds.” However, the Virginia appeal contends that the state court’s reasoning conflicts with federal law and precedent.
By default, the emergency application goes to Chief Justice John Roberts, who handles matters from Virginia. He can act alone or refer it to the full court. Meanwhile, the justices are also weighing a separate request from Alabama Republicans seeking to implement a map that could give the GOP a pickup opportunity in that state.
This fight comes amid broader tensions over voting rights and redistricting. In a recent op-ed, Representative Josh Gottheimer called out Democrats for what he described as an antisemitism double standard. And Senator Cory Booker blasted a separate Supreme Court ruling as a step back to the 1870s, highlighting the stakes in these legal battles.
If the Supreme Court declines to intervene, the Virginia ruling could have ripple effects, potentially prompting other states to revisit their redistricting processes. The decision also underscores the ongoing partisan struggle over map-drawing, with both sides seeking every advantage in the battle for control of the House.
