A Virginia state court ruled against Democratic lawmakers’ plan to redistrict the commonwealth before November’s midterm elections.
“Jack Hurley Jr., a judge on the Tazewell County circuit court, ruled that Democrats did not follow the right procedure to approve the proposed constitutional amendment that would allow for the last-minute redraw of the state’s lines,” Politico reported.
Hurley pointed out that Democrats voted last fall to place the constitutional measure on the ballot for this spring. But state law requires proposed constitutional amendments to be passed by the legislature either before or after an election. The measure was passed during a special legislative session when early voting for governor and other offices had already begun last fall.
“The judge also noted that lawmakers in the special session passed a procedural resolution along party lines, with the Democrat-controlled legislature delivering the decisive votes for the resolution’s passage. Because lawmakers did not vote unanimously, as is required under the Legislature’s own rules, and did not pass it by a two-thirds Senate majority, it was a violation of the rules governing a special session,” according to Politico.
“Certainly, both houses of the Commonwealth’s legislature are required to follow their own rules and resolutions,” Hurley wrote.
GOP Virginia state senate Minority Leader Ryan McDougle, along with the nonpartisan Legislative Commissioner for the Virginia Redistricting Commission, and other Republicans brought the case.
“Democrats are expected to appeal the decision. But the ruling is still a major loss for the party in the ongoing mid-decade redistricting fight, and one that could — if ultimately upheld — block the party from picking up as many as four seats in [the] … midterms,” Politico noted.
Republicans currently hold five U.S. House seats to the Democrats’ six in Virginia. The redistricting plan would have potentially resulted in the GOP only having one seat.
Democrats hold both seats in the U.S. Senate.
Democrat presidential candidate Kamala Harris won Virginia in the 2024 election with 51.8 percent of the vote, compared to Donald Trump’s 44.6 percent.
🚨 JUST IN: In a VICTORY, a Virginia court just STRUCK DOWN any Democrat efforts to gerrymander the state’s Congressional map for more blue seats during the 2026 election
If anything is passed, it must take effect AFTER the 2027 election
GREAT! Dems will likely appeal this,… pic.twitter.com/1WiVIoW0O3
— Eric Daugherty (@EricLDaugh) January 27, 2026
Republican plaintiffs praised Hurley’s ruling as a “decisive victory for the rule of law,” according to Politico.
“The court confirmed that Democrat legislative leaders unlawfully expanded a Special Session, violated their own rules, and attempted to force through a redistricting constitutional amendment while Virginians were already voting,” Delegate Terry Kilgore, the top Republican in the Virginia House, state Sen. Minority Leader Ryan McDougle, and former Rep. Eric Cantor, a Virginia Republican, said in a joint statement Tuesday.
Democrats came out strongly against the decision.
“This is a clear attempt to confuse voters and block them from having a say,” said Karen Charles Dongo, who is heading Virginians for Fair Elections, a new Democrat-affiliated group aimed at persuading Virginians to pass the new constitutional provision. “We’re prepared for what comes next, and Virginians deserve both the right to vote and the chance to level the playing field.”
Meanwhile, Democratic lawmakers in a joint statement said, “Nothing that happened today will dissuade us from continuing to move forward and put this matter directly to the voters. Republicans who can’t win at the ballot box are abusing the legal process in an attempt to sow confusion and block Virginians from voting. We will be appealing this ruling immediately, and we expect to prevail.”
Virginia’s effort to redistrict follows a similar move in California, where leaders like Gov. Gavin Newsom blame Texas for starting the fight.
Republicans are quick to point out that Democrats have been engaging in aggressive gerrymandering for years in states like Illinois and Massachusetts, where Republicans have no members of Congress.
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