Virginia Supreme Court Rules Legislature Violated Constitution in Redistricting Amendment Process
In a 4-3 ruling on May 8, 2026, the court voided maps narrowly passed by voters in April after finding the General Assembly submitted a constitutional amendment after early voting had begun. The decision leaves Virginia's court-imposed districts in place for the 2026 midterms. Current delegation stands at six Democrats and five Republicans.
Substrate placeholder — needs reviewThe Virginia Supreme Court on Friday struck down new congressional maps approved by voters last month, ruling that the General Assembly had violated the state constitution by submitting a proposed amendment after early voting in the 2025 general election had already begun.
The court ruled 4-3 that the state cannot use the new maps. It found the legislature did not follow the required procedure of passing the amendment in two separate sessions separated by an election.
Justice D. " The ruling affirms a decision by a judge in rural Tazewell County in southwestern Virginia. The Supreme Court had previously placed a hold on that ruling, allowing the redistricting vote to proceed.
Voters narrowly approved the amendment on April 21. The redistricting ballot measure passed by three percentage points in late April. 3 million ballots in the general election.
3 million early ballots represented approximately 40 percent of the total votes cast. Its second vote on the amendment occurred after a new legislative session began in January.
The legislature also approved a separate bill in February outlining the new districts, contingent on voter approval of the constitutional amendment. S. House delegation comprises six Democrats and five Republicans.
The current districts were imposed by a court after a bipartisan redistricting commission failed to agree on a map following the 2020 census. The court noted that 47 percent of the state's voters supported GOP congressional candidates in 2024, yet the proposed new map could have resulted in Democrats holding 91 percent of the state's House delegation. Chief Justice Cleo Powell dissented.
She argued that the election for the purpose of considering the amendment does not include the early voting period. " Speaker of the Virginia House of Delegates Don Scott said: "We respect the court. But we will keep fighting for a democracy where voters — not politicians — have the final say.
The Virginia Supreme Court's seven justices are appointed by the state legislature. The ruling leaves in place the existing court-drawn map for Virginia's 11 congressional districts ahead of the November midterm elections.
Key Facts
Story Timeline
6 events- May 8, 4:03 PM ET
4 new sources added: Semafor, The American Conservative, New York Post, Fox News
4 sourcesSemafor · The American Conservative · New York Post - 2026-05-08
Virginia Supreme Court issues 4-3 ruling striking down voter-approved maps
29 sourcesVirginia Supreme Court - 2026-04-21
Voters narrowly approve redistricting amendment by three percentage points
5 sourcesUnattributed - 2026-01
General Assembly casts second vote on constitutional amendment in new session
3 sourcesVirginia Supreme Court - 2025-10
Legislature gives initial approval to amendment while early voting is underway
4 sourcesVirginia Supreme Court - 2025
Court-imposed maps used after bipartisan commission deadlock post-2020 census
2 sourcesUnattributed
Potential Impact
- 01
Virginia will use existing court-imposed congressional map for 2026 midterm elections
- 02
Reinforces procedural limits on mid-decade redistricting via constitutional amendment in Virginia
- 03
Democrats lose opportunity to potentially gain up to four additional House seats in Virginia
- 04
National Republican Congressional Committee gains legal precedent against similar Democratic efforts
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