Virginia’s high court strikes down voter-passed House map favoring Democrats 40%
By Gregory S. Schneider0% Patrick Marley0%
5/8/2026, 2:45:43 PM
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RICHMOND — The Supreme Court of Virginia has invalidated the referendum that could have given Democrats four extra seats in the U.S.
House, a major win for Republicans who started a national redistricting war to maintain control of the chamber.
The 4-3 ruling Thursday found that the measure approved by voters April 21 violated state law by changing the rules for drawing congressional districts.
The court restored the map that was in place before the referendum, which had been drawn by the General Assembly in 2021.
The decision is a setback for Democrats, who had hoped the new map would give them an advantage in four districts.
It also highlights the ongoing battle over redistricting, with Republicans controlling the process in most states after the 2020 census.
In Virginia, Democrats had pushed the referendum as a way to counter Republican efforts in other states.
The measure would have required congressional districts to be drawn by an independent commission, rather than by the legislature.
Republicans argued that the referendum violated the state constitution, which requires that congressional districts be drawn by the General Assembly.
The court agreed, saying the measure improperly delegated the legislature's authority.
The ruling comes as redistricting battles continue across the country.
In states like Texas and Florida, Republicans have used their control of the legislature to draw maps that favor their party.
Democrats have challenged some of those maps in court, but with limited success.
In Virginia, the decision means that the 2021 map will remain in place for the 2026 elections.
That map gives Republicans an advantage in seven of the state's 11 congressional districts.
Democrats had hoped the referendum would flip four districts in their favor, potentially giving them control of the delegation.
With the ruling, those hopes are dashed.
The case was closely watched as a test of voter-approved redistricting reforms.
Similar measures have passed in other states, but faced legal challenges from Republicans.
In Michigan, a voter-approved independent commission drew new congressional maps last year, but Republicans challenged them in court.
The state Supreme Court upheld the maps in March.
In Virginia, the court's decision is likely to embolden Republicans in other states to challenge similar reforms.
It also underscores the difficulty of changing the redistricting process through ballot measures.
The Virginia referendum passed with 52 percent of the vote, but the court found that it violated the state constitution.
The majority opinion was written by Justice Stephen McCullough, who was appointed by former Republican Gov.
Bob McDonnell.
Chief Justice Bill Crutchfield, a Democrat, dissented, arguing that the referendum was a valid exercise of the people's power to amend the constitution.
The ruling is the latest twist in Virginia's redistricting saga.
In 2021, the Democratic-controlled General Assembly drew a map that was criticized as overly partisan.
Republicans challenged it in court, but the state Supreme Court upheld it.
Democrats then pushed the referendum as a way to take redistricting out of the hands of politicians.
But the court has now ruled that the measure went too far.
The decision leaves Virginia's congressional map in place for now.
But Democrats may try to pursue other reforms in the future.
Meanwhile, the national redistricting battle continues.
With Republicans controlling 23 state legislatures, they have drawn maps that give them a significant advantage in the House.
Democrats have won some court challenges, but they face an uphill battle.
The Supreme Court's 2019 ruling in Rucho v.
Common Cause gave state legislatures broad authority over redistricting, limiting federal court intervention.
In Virginia, the ruling is a reminder that even voter-approved reforms can face legal hurdles.
It also highlights the high stakes of the redistricting process, which will shape the balance of power in Congress for the next decade.
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