Virginia Supreme Court Strikes Down Redistricting Referendum in 4-3 Ruling

The Virginia Supreme Court struck down the results of a redistricting referendum this week, ruling that Democrats failed to hold a required intervening election between proposing the constitutional amendment and putting it to voters. The 4-3 decision denied Democrats a map that would have given them 10 of 11 seats in the state.

Democrats expressed outrage over the ruling. Rep. Jaime Raskin, D-Md., called it "an outrageous outburst of right-wing judicial activism…the Virginia Supreme Court has struck down the will of the voters. But democracy won’t end with right-wingers in black robes."

The official appeal from the Virginia Solicitor General’s office contained misspellings, including "Sentator" for "Senator" and "Virgnia" for "Virginia."

The court found that Democrats rushed the process. They do not deny skipping the intervening election required by state law for constitutional amendments.

Democrats spent $70 million on the campaign, much of new Gov. Abigail Spanberger's political capital. Republicans had asked the court to rule before the vote to avoid wasted resources, but Democrats pressed ahead.

The "Yes" side won 51% to 49%. Polls tightened in the final month as voters learned the map would give Northern Virginia Democrats control of nearly every seat, despite Republicans making up 45% of the population.

Democrats avoided showing the map or noting it allocated 90% of seats to their party. The campaign stressed urgency, Republican threats to democracy, and temporary rule-breaking.

The court based its decision on state law, not political considerations. Democrats frame it as four judges overriding voters, but the ruling held that voters lacked time and information to decide under the law.