A circuit court in Virginia just ruled that the newly passed but incredibly biased gerrymandered congressional map is unconstitutional.
Former Virginia attorney general and Homeland Security official Ken Cuccinelli II posted on X Wednesday about the gerrymandered map, “UPDATE on referendum lawsuits: The Tazewell Circuit Court just ruled the referendum unconstitutional. The Judge entered an injunction blocking certification of the election & denied a motion to stay pending appeal. A final order will be entered once drafted, & it will be immediately appealed.”
The new map would almost certainly hand ten out of eleven congressional districts to Democrat control. This would impact not only Virginia, therefore, but the Republican-Democrat balance of power in the U.S. Congress.
Cuccinelli had already predicted that the election results last night were not the final say on Virginia Democrats’ gerrymandering. He noted that the “[f]irst passage was invalid,” as the “amendment was taken up during a special session convened in 2024 for budget purposes. The General Assembly’s own call to the Governor (under Art. IV, §6 and Art. V, §5) and its governing resolution (HJR 6001) limited the session’s scope. Expanding it to include a constitutional amendment on redistricting required a two-thirds vote that never occurred.” In light of this, a Tazewell County judge ruled that this action was “void, ab initio.”
Cuccinelli continued with other strikes against the gerrymandering:
Art. XII, §1 requires that after first passage, a proposed amendment be “referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates.” An election must intervene between first and second passage. Here, first passage occurred during an election cycle — not before an intervening one.
Art. XII, §1 requires the amendment be submitted to voters “not sooner than ninety days after final passage by the General Assembly.” The timeline from second passage to the April 21 vote did not satisfy this requirement.
And finally, as a challenge to the proposed map, “Art. II, §6 requires that ‘every electoral district shall be composed of contiguous and compact territory.’ The proposed congressional maps violate this contiguity requirement (rather badly),” Cuccinelli wrote.
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The court decision against the gerrymandered map follows hard on the heels of accusations from President Donald Trump that the election Tuesday was rigged, as the “no” votes were ahead for most of the vote count and “yes” won only at the last minute reportedly coincident with a mail-in ballot drop.
“A RIGGED ELECTION TOOK PLACE LAST NIGHT IN THE GREAT COMMONWEALTH OF VIRGINIA!” Trump posted on Truth Social. “All day long Republicans were winning, the Spirit was unbelievable, until the very end when, of course, there was a massive ‘Mail In Ballot Drop!’ Where have I heard that before — And the Democrats eked out another Crooked Victory! Six to five goes to ten to one, and yet the Presidential Election in November was very close to a 50-50 split.”
He also slammed the extremely confusing wording of the ballot measure: “In addition to everything else, the language on the Referendum was purposefully unintelligible and deceptive. As everyone knows, I am an extraordinarily brilliant person, and even I had no idea what the hell they were talking about in the Referendum, and neither do they! Let’s see if the Courts will fix this travesty of ‘Justice.’”
Fortunately, the circuit court stepped in.
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