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May 07, 2026

Virginia Supreme Court Delivers First Ruling in Redistricting Fight

 

The Supreme Court of Virginia has already issued a ruling in the case involving a gerrymandered map drawn by a majority of Democrats in the state. Justices denied a request for an emergency stay of last week’s Tazewell ruling that said the State Board of Elections can’t certify the results of Virginia’s redistricting referendum, according to reports.

The ruling is merely on the request for a stay, as experts online explained, not on the merits of the appeal. It comes after the court heard arguments on Monday about whether the vote approving the gerrymander earlier this month was legal and constitutional.

If upheld, the newly redrawn map, which was only narrowly approved by a 51-48.3% margin, would change the current 6R-5R congressional seat makeup to 10D-1R. “The proposed amendment is invalid for several reasons, any one of which is sufficient to invalidate the proposed amendment and require invalidation of the vote,” Thomas McCarthy, lawyer for the Republican challenge, concluded in the hour-long hearing on Monday, Fox News reported.

The Republicans argue that the Democrat-led General Assembly violated procedural rules by presenting a constitutional amendment to voters, which would allow mid-decade redistricting.

If the court determines that the lawmakers did indeed break these rules, it could invalidate the amendment, making last week’s statewide vote meaningless.

“It’s often said ours is a government of laws, not of men,” McCarthy continued. “Sadly, that’s not the case if a bare partisan majority can circumvent the constitutional amendment process and undermine the rights of the people in whom all government power ultimately rests – also, that partisan majority can transform our system from a nonpartisan one where the voters elected representatives into a partisan one where the representatives select their voters.”

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