The Virginia Supreme Court on Tuesday refused to overturn a lower court ruling that temporarily prevents the commonwealth from certifying a contentious redistricting referendum, handing a defeat to Democratic Attorney General Jay Jones and his party's efforts to reshape congressional maps before the midterms.
In a brief order, the high court declined Jones's motion to appeal a Tazewell County Circuit Court decision from last week that declared the referendum unconstitutional. Judge Jack Hurley Jr. had sided with the Republican National Committee in February, ruling that the April 21 ballot question was poorly timed and misleadingly phrased.
This latest setback for Democrats comes weeks after the same Supreme Court allowed the referendum to proceed, despite acknowledging "grave concerns" about the legislative process. At that time, the justices wrote that "issuing an injunction to keep Virginians from the polls is not the proper way to make this decision," signaling they would weigh the legality after the vote.
Voters ultimately approved the referendum on April 21, giving Democrats the green light to redraw congressional lines midcycle. The proposed map is expected to favor Democrats, potentially flipping four House seats and expanding their current 6-5 advantage to a 10-1 edge in the state's congressional delegation.
The legal battle is far from over. The Virginia Supreme Court is also considering a separate Republican challenge arguing that Democratic lawmakers improperly expanded a special legislative session to take up redistricting. During oral arguments on Monday, justices grappled with the definition of "election" and whether Democrats had the authority to convene the session ahead of the November 2025 elections.
Jones's office did not respond to requests for comment on the court's decision.
The Virginia fight mirrors a broader national struggle over redistricting, particularly as redistricting endgame intensifies ahead of the midterms. In Florida, Governor Ron DeSantis (R) has unveiled a proposed congressional map that could give Republicans a 24-4 advantage in House seats, a plan that has cleared committee and is headed for floor votes. DeSantis expressed confidence last week that the legislature would "get the job done," despite pushback from Democrats and some Republicans worried about political risks.
The dual redistricting battles in Virginia and Florida underscore how both parties are leveraging mid-decade map redraws to gain electoral advantage, with court challenges likely to shape the final lines in several states.
