Virginia Supreme Court Overturns Voter-Approved Redistricting Plan, Giving Republicans an Advantage
Last week, in a devastating 4–3 ruling, the Virginia Supreme Court overturned the results of the statewide referendum in which voters authorized legislators to redraw their congressional districts to counter MAGA election rigging at the national level.
If voters had been allowed to have their say, the referendum would have given Democrats an advantage in 4 additional districts, potentially bringing Virginia’s U.S. House delegation to 10 Democrats and only 1 Republican.
Unfortunately, thanks to four unelected judges, that future is no longer possible — at least for now.
“Today the Supreme Court of Virginia has chosen to put politics over the rule of law by issuing a ruling that overturns the April 21st special election on redistricting,” Virginia Attorney General Jay Jones said in response to the decision.
“This decision silences the voices of the millions of Virginians who cast their ballots in every corner of the Commonwealth, and it fuels the growing fears across our nation about the state of our democracy.”
Writing the court’s majority opinion, Justice D. Arthur Kelsey argued that the referendum violated the state procedural rules, disqualifying the results.
Virginia law requires constitutional amendments to move through two legislative sessions before being considered by voters: one before the House has an election, and one after. Democrats argued that an “election” is a single day in November: Election Day. However, the state Supreme Court sided with the Republican interpretation that a general election also includes the early voting period before Election Day, which had already begun in 2025 before the redistricting amendment was first advanced.
“This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void,” Justice Kelsey wrote.
If you find this explanation confusing, you’re certainly not alone.
Writing in dissent, for example, Virginia Chief Justice Cleo Powell argued that the majority’s decision wrongfully expanded the meaning of “election” to include early voting, as federal law mandates elections to be held on a single day, regardless of the length of the actual voting period.
“By extending elections in the Commonwealth of Virginia beyond a single day, the majority’s formulation would directly conflict with the federal mandate that elections for federal offices be held on a single day,” she wrote. “The majority’s definition creates an infinite voting loop that appears to have no established beginning.”
In any case, the double standard here is unforgivable.
Across the country, Republican state legislators have been gathering in closed-door sessions to redraw their states’ congressional maps without consulting voters — purposefully rigging elections on Donald Trump’s behalf. Meanwhile, in Democratic-led states such as Virginia, a mere technicality such as this is apparently enough to overturn the will of voters and halt redistricting altogether.
Calling this a setback would be an understatement; the Virginia Supreme Court has all but ensured that Democrats won’t have a proportional response to Republicans’ attacks on our democracy ahead of the most important midterm election of our time.
Red states such as Florida, North Carolina, Ohio, Missouri, and Texas are all moving forward with heavily gerrymandered districts without showing any concern for voters or the rule of law. With Virginia removed from the equation, California becomes the only liberal state to provide any sort of response to Donald Trump’s illegal power grab.
And that, of course, is hardly enough to balance the playing field.
Since the 2024 election, Republicans have drawn themselves an advantage in 14 upcoming races, whereas Democrats have only picked up 6 favorable districts. Even if Virginia’s referendum had succeeded, Republicans still would have walked away as the undisputed winners of redistricting.
Moreover, this latest bombshell ruling comes only a week after the U.S. Supreme Court effectively overturned the 1965 Voting Rights Act, allowing red states to disenfranchise racial minorities without recourse. Consequently, Louisiana and Tennessee are already in the process of erasing their only majority-Black congressional districts, widening Republicans’ advantage even further.
All without taking any input from voters, of course.
Our institutions have failed us at every turn; over the past year, the courts have established that Democrats need to be flawless while Republicans get to be lawless.
There’s no denying that we’re in an uphill battle to save our country, but thankfully, the president’s allies will need more than a few extra gerrymandered districts to save themselves this November. With each passing day, voters are waking up to the dark reality surrounding Donald Trump’s corrupt agenda, proven time and time again in the special elections where Democrats have unexpectedly overperformed.
Rising prices, endless wars, and health care that has become an exclusive privilege of the rich and powerful — Republicans have turned their backs on America and will pay the price regardless of their underhanded tactics. The brazen racism and authoritarianism demonstrated in their redistricting push should only help to alert voters in every state.
Trump’s election-rigging schemes will backfire; it’s only a matter of time. Once that day comes, it will be time to do away with partisan gerrymandering altogether.
Last week, four unelected judges decided to suppress the will of the voters, but come November, we will get the final say. To borrow a saying from the other side, it’s time to make this one “too big to rig.”
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