Virginia Supreme Court Schedules Oral Arguments for April 27 on Redistricting Referendum Challenge

RICHMOND, Va. — The Virginia Supreme Court has set oral arguments for Monday, April 27, 2026, in the high-stakes legal challenge to the narrow passage of a Democratic-backed constitutional amendment that would allow the General Assembly to redraw the state’s congressional districts for the 2026, 2028, and 2030 elections.

The fast-tracked hearing follows Tuesday’s special election in which voters approved the measure by a slim 51.45% to 48.55% margin, with roughly 3.06 million ballots cast. The amendment would temporarily override Virginia’s independent bipartisan redistricting commission — established after the 2020 census — and give map-drawing authority directly to the Democrat-controlled legislature.

Democrats have already prepared new congressional maps that analysts project could shift the state’s current 6-5 Democratic advantage to as lopsided as 9-2 or even 10-1, potentially flipping multiple Republican-held seats ahead of the 2026 midterms.

On April 22, Tazewell County Circuit Court Judge Jack Hurley blocked certification of the results, ruling the referendum and underlying legislation “void ab initio” — invalid from the beginning — due to multiple procedural violations of the Virginia Constitution. Judge Hurley cited improper timing of the legislative process, failure to obtain two separate approvals separated by an election, misleading ballot language, and the improper combination of multiple subjects in a single amendment.

The Supreme Court case centers on a challenge brought by Republican Virginia Senate Minority Leader Ryan McDougle and other GOP officials. Separate but related lawsuits have been filed by the Republican National Committee, National Republican Congressional Committee, and Rep. Ben Cline (R-Va.).

Republicans argue the process bypassed constitutional safeguards designed to prevent partisan gerrymandering and that voters were not given a fair opportunity on a properly enacted measure. Democrats maintain the amendment restores legislative authority and was lawfully placed on the ballot.

The Virginia Supreme Court previously allowed the referendum to proceed while reserving the right to rule on its merits after the election. A final decision is expected in the coming weeks or months, with the current congressional maps remaining in place in the interim.