Virginia Democrats Ask U.S. Supreme Court to Reinstate Voter-Approved Redistricting Map

RICHMOND, Va. — Virginia Democrats filed an emergency appeal with the U.S. Supreme Court on Monday asking the justices to overturn the Virginia Supreme Court’s ruling that voided a voter-approved constitutional amendment authorizing new congressional maps.

The appeal, led by Democratic Attorney General Jay Jones and other state officials, seeks to restore the map drawn by the Democratic-controlled legislature that voters narrowly approved in an April 21 referendum. The measure passed 51-49 percent and would have allowed mid-decade redistricting, potentially shifting Virginia’s 11 congressional seats from the current 6-5 Democratic advantage to as many as 10-1.

The Virginia Supreme Court struck down the amendment on May 8 in a 4-3 decision, ruling that the Democratic-led General Assembly violated the state constitution’s procedural requirements for placing constitutional amendments on the ballot. Justices found the legislature submitted the proposal during early voting for the November 2025 elections, breaching Article XII, Section 1.

In their filing to the U.S. Supreme Court, Democrats argued the state court’s decision amounted to “judicial defiance” of the voters’ will and raised questions of federal law, including the definition of “Election Day.” They urged the high court to stay the ruling so the new map could be used for the 2026 midterms.

Chief Justice John Roberts has ordered responses from opponents by Thursday.

Republicans, who challenged the referendum from the start, hailed the state court decision as a victory for the rule of law and said the existing court-imposed maps — drawn after the 2020 census deadlock — should remain in place. The current boundaries have produced a 6-5 split despite Virginia’s strong Republican lean in statewide races.

The move is the latest flashpoint in the national redistricting battle ahead of the 2026 midterms. Republicans have gained ground through maps in states such as Texas, Florida, Tennessee, and Louisiana following recent U.S. Supreme Court guidance narrowing Voting Rights Act claims. Democrats viewed Virginia’s effort as a countermeasure.

The U.S. Supreme Court appeal is considered a long shot, as redistricting and state constitutional matters are typically left to state courts. The existing maps will remain in effect unless the high court intervenes. No timetable has been set for a decision.