In a continuing tug-of-war over redistricting, Virginia Democrats and the state’s Attorney General, Jay Jones, have approached the U.S. Supreme Court, seeking intervention to utilize a new congressional map projected to favor Democrats in the 2026 elections. This request follows a Virginia Supreme Court ruling that invalidated a state constitutional amendment permitting the Virginia General Assembly to enact such maps, citing inappropriate procedures during the amendment process (Scotusblog).
The contested map, adopted by the General Assembly in February, would extend Democratic advantage to 10 of 11 U.S. House seats in Virginia—potentially adding four seats to their current configuration. However, its implementation was contingent upon voter-approved constitutional amendments granting redistricting powers to the state legislature outside of regular post-census periods. The voters favored this amendment by a narrow margin (Center for Politics).
The Virginia Supreme Court’s decision, delivered by a narrow 4-3 vote, pinpointed procedural missteps in placing the amendment on the ballot, thereby invalidating the referendum (VA Courts). The Supreme Court does not typically interfere in state-court decisions based on state law; however, Virginia Democrats argue that federal legal principles concerning the term “election” and boundaries of judicial review warrant Supreme Court consideration (U.S. Supreme Court Docket).
With the backdrop of an impending electoral cycle, they contend the state court’s decision disrupts democratic processes on the cusp of midterm election preparations. Chief Justice John Roberts, managing emergency appeals for the region including Virginia, has solicited an official response from Republican legislators challenging the amendment process by the end of the week (SCOTUSblog).