Virginia Supreme Court Deals Blow to Democrats’ Gerrymandering Plot

April 29, 2026

The Supreme Court of Virginia has declined to intervene in a legal battle over a disputed redistricting referendum, dealing a major blow to Democrats pushing a new gerrymandering congressional map for the state.

The decision leaves in place a lower court order that blocks certification of the April 21 vote.

The Supreme Court’s refusal to step in marks a significant setback for Democrats who have been pushing a mid-decade overhaul of Virginia’s congressional map.

Court Leaves Injunction in Place

The high court denied an emergency request from state officials and Democrats seeking to pause a ruling issued by Tazewell County Circuit Court Judge Jack Hurley.

Hurley had ordered that the State Board of Elections cannot certify the referendum results while ongoing legal challenges are still unresolved.

The Supreme Court’s refusal to grant a stay means certification remains blocked for now.

Legal observers noted the ruling does not resolve the broader case.

However, it does signal that the lower court’s order will stand as the appeals process continues.

Lower Court Raised Constitutional Concerns

Hurley’s earlier ruling questioned the legality of the redistricting effort itself.

The judge found that the push to redraw congressional districts mid-decade may violate procedural and constitutional requirements.

According to court findings, constitutional amendments of this nature must pass through two separate General Assemblies with a general election in between before being presented to voters.

The judge indicated that the Democrats’ process may not have met that standard.

Hurley had previously blocked the referendum effort twice before it reached voters, citing concerns about how it was advanced during a 2024 special legislative session.

Appeals and Political Fallout

Virginia Attorney General Jay Jones has said the state will appeal the decision as Democrats continue to fight to preserve the referendum.

Meanwhile, former Virginia Attorney General Ken Cuccinelli praised the Supreme Court’s move.

“The Virginia Supreme Court (#SCOVA) has DENIED the emergency request to stay the injunction of certification of last week’s Gerrymandering referendum!” Cuccinelli wrote.

“In the ‘tea leaves’ category, this is as positive a ‘tea leaf’ as one might imagine!

“If #SCOVA thought they would let the referendum stand, then logically they would have lifted the injunction on counting & certifying the votes.”

“Caveat: this is still just tea leaves, but it’s a good sign,” he added.

What Comes Next

With certification on hold, the fate of the redistricting referendum now hinges on the outcome of the ongoing appeals process.

The case carries significant implications for control of Virginia’s congressional delegation, as well as the broader legal boundaries governing how and when states can redraw electoral maps.