The ongoing battle over the congressional map in Virginia has taken another twist, as the Supreme Court recently declined a request to allow the state to implement a new congressional map favoring Democrats for the 2026 elections. The request was filed by Virginia’s Attorney General, Jay Jones, along with other Democratic legislators, but was dismissed without comment in a brief, unsigned order. This decision comes amid a heated debate over the procedures followed to approve the map, as outlined by the Virginia Supreme Court.
Earlier in the year, Virginia’s General Assembly had drawn up the new map and awaited voter approval of a constitutional amendment that would allow the assembly to enact it outside the standard redistricting cycle. Despite the approval, the Virginia Supreme Court invalidated the amendment, citing procedural errors, specifically that the proposed amendment was passed well after early voting had begun during the 2025 general election. The court maintained that the amendment should have been approved in two separate legislative sessions, separated by an election, to be valid. A comprehensive account of these proceedings can be found here.
The Democrats, who filed the initial request with the Supreme Court, contended that the Virginia Supreme Court’s decision undermined a democratic process and raised crucial federal law issues concerning the definition of “election” and the appropriateness of judicial review. Meanwhile, Republican legislators highlighted that their objections were rooted in state law considerations, emphasizing that the current case should remain outside the purview of the U.S. Supreme Court. The arguments are detailed here.
In a recent filing, Democrats pointed out that Virginia Governor Abigail Spanberger’s remarks, suggesting the state would abstain from using the 2026 map given the court’s ruling, did not preclude further action from the Supreme Court. Instead, they argued that it indicated compliance with the existing legal structure, pending further instructions from the court. More on that stance can be found here.
These developments highlight the intricate layer of procedural and legal challenges facing election law and the ongoing tug-of-war over redistricting in Virginia. For additional information, visit SCOTUSblog.