Supreme Court Denies Virginia Democrats’ Emergency Appeal, Locks in Existing Congressional Maps for 2026 Midterms

WASHINGTON — The U.S. Supreme Court on Thursday rejected Virginia Democrats’ emergency appeal to reinstate a voter-approved constitutional amendment that would have authorized mid-decade congressional redistricting, leaving the state’s current court-drawn maps in place for the November 2026 elections.

The unsigned order on the high court’s shadow docket effectively upheld the Virginia Supreme Court’s May 8 ruling that struck down the amendment on procedural grounds. Chief Justice John Roberts had ordered responses by May 15; the justices acted one day later without noted dissents.

The Virginia Supreme Court, in a 4-3 decision written by Justice D. Arthur Kelsey, ruled that the Democratic-led General Assembly violated Article XII, Section 1 of the state constitution. That provision requires constitutional amendments to pass two separate legislative sessions separated by a general election. Lawmakers gave initial approval in October 2025 — while early voting for the November 2025 statewide elections was already underway — and a second vote in January 2026. The court held the timing flaw “incurably taints” the narrow 51-49 percent voter approval from the April 21 special referendum, rendering the results “null and void.”

The rejected amendment would have empowered the legislature to redraw Virginia’s 11 congressional districts outside the normal decennial cycle. The proposed Democratic map was projected to shift the delegation from the current 6-5 Democratic advantage to as many as 10-1, serving as a counter to Republican redistricting gains in states such as Texas, Florida, and Tennessee.

Democrats, led by Attorney General Jay Jones and House Speaker Don Scott, filed the emergency application on May 12, arguing the state court ruling conflicted with federal law on election timing and amounted to “judicial defiance” of voters. They asked the U.S. Supreme Court to stay the decision and restore the new map for 2026.

Republicans and good-government groups hailed the outcome as a victory for constitutional process over partisan map-drawing. State Senate Majority Leader Scott Surovell and Gov. Abigail Spanberger had previously ruled out more aggressive responses such as court-packing.

The existing maps were drawn by a court after the bipartisan redistricting commission deadlocked following the 2020 census. They produced the current 6-5 split despite Virginia’s Republican lean in statewide races.

The denial is the latest development in the national redistricting battle following the U.S. Supreme Court’s April 29 decision in Louisiana v. Callais, which narrowed Section 2 of the Voting Rights Act. Republicans have used the precedent to redraw maps in multiple states, while Virginia Democrats’ effort represented one of the few Democratic counter-moves.

No further legal avenues remain to revive the amendment before the 2026 cycle. Candidate qualifying is underway, and the current maps will govern all Virginia congressional races this fall. The ruling stabilizes several competitive districts, including the 2nd, 7th, and others that Republicans had viewed as potential pickup opportunities under the proposed new lines.