The Supreme Court of Virginia has struck down the congressional redistricting approved by Commonwealth voters in April, marking a major setback for Democratic attempts to counter the nationwide pro-Republican reshuffling of voting maps led by President Trump.
Virginia voters approved the constitutional amendment on April 21 by a margin of 52% to 48%, granting the legislature temporary power to redraw congressional districts. However, responding to a Republican lawsuit, the state supreme court determined that the legislature committed procedural errors in how it placed the question on the ballot.
The majority opinion found that the legislature violated the multi-step process required for placing constitutional amendments on the ballot. "This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy," the court wrote. The ruling further stated that "This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void."
The court ordered that Virginia must use the same congressional district map in the upcoming election as it used in 2022 and 2024, effectively preserving the current electoral landscape.
National Implications
The redistricting effort could have helped Democrats win four House seats currently held by Republicans in Virginia. Combined with five seats tilted toward Democrats in California and one in Utah, the Democratic redistricting push aimed to gain 10 seats nationally.
With the Virginia ruling, however, the Republican and President Trump redistricting push now leads by perhaps 10 or even 12 seats. Republicans currently hold the United States House with a narrow majority over Democrats.
Florida lawmakers redistricted in April, bringing the Republican advantage to approximately 13 seats nationally. Following a United States Supreme Court decision last week that weakened voting rights for minority communities, Republicans in Tennessee, Alabama, and Louisiana began redistricting efforts in their states. Tennessee approved a new map aimed at flipping one Democratic seat on Thursday.
Procedural Violations at Issue
The Virginia constitution requires congressional districts to be drawn by a bipartisan commission. The amendment approved by voters would have granted the power to redistrict temporarily to the legislature instead.
To place an amendment on the ballot in Virginia, the legislature is required to vote on it twice in different special sessions with an election in between them. Lawyers for the Republicans argued that the first vote occurred in a special session that had been called for other topics long before the redistricting matter arose.
Republican attorneys also contended that lawmakers failed to hold the legislative vote in time to post notification of the amendment on courthouse doors 90 days before the next election, as required by a 1902 law.
State Senate Minority Leader Ryan McDougle represented the Republican position in the case, speaking with media following an April 27 hearing on the new congressional maps before the state Supreme Court in Richmond.
Lawyers for the Democrats countered that the 1902 law was repealed and out of date. They also argued that the legislature sets its procedures without court review and that procedural errors should not cancel the will of the voters in an election.
Unusual Mid-Decade Redistricting
Typically, states redistrict only at the start of each decade when census count data becomes available. However, President Trump prompted a mid-decade redistricting race in an effort to maintain Republican control of the House in the November elections.
The Virginia ruling represents a significant development in the national redistricting battle, with potential ramifications for the balance of power in Congress heading into the midterm elections.
