Virginia Supreme Court Strikes Down Democrats' Redistricting Plan in 4-3 Ruling

Republicans cheered and mocked Democrats after the Virginia Supreme Court ruled 4-3 to invalidate a major Democratic redistricting effort. Justice D. Arthur Kelsey wrote that Attorney General Jay Jones and the Democratic-led legislature failed to follow state law on the timeline for the redistricting amendment, including an intervening election clause. He said politics and April's popular vote played no role.

Republicans and Vote NO backers quickly celebrated. They targeted Senate President Pro Tem Lillie Louise Lucas, D-Portsmouth, whose office and cannabis dispensary the FBI raided earlier this week.

Former Attorney General Ken Cuccinelli, who led the challenge with former AG Jason Miyares, posted a series of tweets. He mocked Lucas, who had attacked critics like Sen. Ted Cruz, R-Texas, and depicted Virginia Republicans as future McDonald's workers. "BTW the vote was 4-3 — maybe Senator Lucas will sell ‘4 f’in 3’ t-shirts or maybe 6-f’in-5 t-shirts," Cuccinelli wrote.

He added that the court explained its decision not to intervene before the referendum. It quoted an exchange with Justice Russell at oral arguments, where Jones' lawyer conceded the outcome did not matter.

Virginia Senate Minority Leader Ryan McDougle, R-Hanover, the lead plaintiff, told Fox News Digital the whole state should applaud the court. "The Supreme Court ruling today affirms what we all know: you cannot violate the Constitution to change the Constitution," McDougle said.

"The Justices of the Supreme Court of Virginia after careful and thorough review of this matter affirmed that even the General Assembly must follow the law. This ruling is not a partisan one — it is a constitutional one. The rule of law is the foundation of our Commonwealth, and today it has been upheld. Every Virginian wins."

House Minority Leader Terry Kilgore of Gate City said you cannot violate the state Constitution to amend it. "Today’s ruling establishes once again that the Constitution of Virginia means what it says. The rule of law requires that Virginians have an opportunity to review a constitutional amendment before they vote for the House of Delegates in a meaningful way," Kilgore told Fox News Digital.

Rep. Ben Cline of Botetourt, one of the Republicans targeted by the new map, called it the correct decision. "It was always going to end up this way," Cline said. "Democrats broke laws that they helped write in the first place, blew through deadlines, wrote a biased and misleading ballot question, and lied to the voters in all of their advertising to support the referendum."

He noted voters banned gerrymandering in 2020 by creating an independent commission to draw maps every decade. "This is a great day for fair elections and the rule of law, and it’s a great day for the Commonwealth of Virginia."

Observers pointed out Kelsey was appointed by Democratic Sen. Mark Warner, a former governor who supported the redistricting.

Former Gov. Glenn Youngkin said justice has been served. He accused Gov. Abigail Spanberger, Lucas and others of knowingly violating the constitution to disenfranchise millions of Virginians. "The Constitution prevailed, and Virginians will never forget this unlawful attempt to rob them of their voice in Congress."

Heritage Foundation President Kevin Roberts called it a major victory for the rule of law. He described the failed effort as Governor Spanberger's blatant power grab to silence half of Virginians in Congress.

Sen. Timothy Kaine, D-Va., criticized the court. He said unlike Republican-led states using backroom deals, Richmond took its plan to voters. "[T]he Virginia Supreme Court has blocked the people’s choice. So we have to campaign and win on their maps. We can do it," he said.

Fox News Digital reached out to Spanberger for comment.