Virginia Supreme Court Invalidates Democrat-Backed Gerrymandering Referendum

The Virginia Supreme Court ruled Friday that a Democrat-backed gerrymandering referendum violated the state constitution. The 4-3 decision, written by Justice D. Arthur Kelsey, preserved Virginia's current 6-5 Democrat-Republican congressional map instead of the 10-1 Democrat map proposed in the referendum.

Virginia Republicans lost the state by about 5 percent in 2024. Democrats spent more than $60 million to push the referendum. Early voting had begun before the legislature voted to send it to voters. The state constitution requires two separate assembly votes, with an election in between.

Democrats argued the first vote occurred before the election Spanberger won, even though early voting was underway. Former Attorney General Jason Miyares warned the plan was unconstitutional. A trial court blocked the referendum, but Attorney General Jay Jones argued the Supreme Court could not rule until after voting. The court allowed it to proceed.

The referendum passed narrowly. The Supreme Court then invalidated it. The ruling stated legislatures may redraw maps, even gerrymander, but must follow state law and constitution, without race-based districts.

Democrats criticized the decision. Jones called it political. Sen. Tim Kaine said the court should have ruled before the vote, despite following Jones's request. Some suggested Gov. Abigail Spanberger ignore the court.

Michigan State University law professor Quinn Yeargain proposed lowering the justices' retirement age to 54, the age of the youngest in the majority, to force retirements and install a new bench. Another idea challenged the independent redistricting commission voters approved in 2020.

Some Democrats rejected these plans. One called it 'schizo hopium.' Democrats appealed to the U.S. Supreme Court. The opinion warned of broader risks if Democrats gain national power.