virginia supreme court

WASHINGTON — Democrats on Monday filed an emergency appeal with the U.S. Supreme Court seeking to halt a Virginia ruling invalidating a ballot measure that would have given their party an additional four winnable U.S. House seats.

The move came after the Virginia Supreme Court on Friday struck down a constitutional amendment that voters narrowly passed just last month. The 4-3 state court decision found that the Democratic-controlled legislature improperly began the process of placing the amendment on the ballot after early voting had begun in Virginia’s general election last fall.

Democrats argued unsuccessfully that the U.S. Supreme Court has held that, even if early voting is underway, an election does not happen until election day itself.

The appeal is the latest twist in the nation’s mid-decade redistricting competition. It was kicked off last year by President Trump urging Republican-controlled states to redraw their lines and was supercharged by a recent Supreme Court ruling severely weakening the Voting Rights Act.

“The Court overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected,” wrote lawyers for Virginia Democrats and Democratic state Atty. Gen. Jay Jones. “The irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate.”

The filing is a sign of Democratic desperation after the Virginia decision. Democrats are still favorites to recapture the U.S. House of Representatives, but their GOP rivals have claimed to have gained more than a dozen seats through redistricting. The voter-approved Virginia map would have partly offset that.

Democrats are taking a legal long shot in asking the justices to reverse the Virginia court’s ruling. The Supreme Court tries to avoid second-guessing state courts’ interpretations of their own constitutions. In 2023, it turned down a request by North Carolina Republicans to overrule a state Supreme Court decision that blocked the GOP’s congressional map.

Politically, the appeal could help a party struggling to compete with Republicans in the unusual mid-decade redrawing of congressional boundaries by providing fodder for election-year messaging about a partisan Supreme Court. The court recently allowed Louisiana Republicans to proceed with redistricting after the justices struck down a majority Black district as an unconstitutional racial gerrymander.

Democrats have been set on their heels because, days after the Virginia ballot measure passed, the Supreme Court’s conservatives reversed decades of rulings and in effect neutered the Voting Rights Act, paving the way for Southern states to eliminate some majority Black districts and further pad Republican margins in Congress.

The Virginia amendment had been launched long before that ruling. It was intended as a response to Republican gains in Texas, Missouri, North Carolina and Ohio, and to blunt a new map in Florida that just became law. Once the Virginia amendment passed, it briefly turned the nationwide redistricting scramble into a draw between the two parties.

That was unraveled by the Virginia Supreme Court’s decision. The justices are appointed by the legislature, which has flipped between the two parties in recent decades, and the body is generally not seen as having a clear ideological bent.

Whitehurst writes for the Associated Press.

The Virginia Supreme Court on Friday struck down a voter-approved Democratic congressional redistricting plan, delivering another major setback to the party in a nationwide battle against Republicans for an edge in this year’s midterm elections.

The court ruled that the state’s Democratic-led legislature violated procedural requirements when it placed the constitutional amendment on the ballot to authorize the mid-decade redistricting. Voters narrowly approved the amendment April 21, but the court’s ruling renders the results of that vote meaningless.

“This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void,” the court said in its opinion.

Democrats had hoped to win as many as four additional U.S. House seats under Virginia’s redrawn U.S. House map as part of an attempt to offset Republican redistricting done elsewhere at the urging of President Donald Trump. That ruling, combined with a recent U.S. Supreme Court decision severely weakening the Voting Rights Act, has supercharged the Republicans’ congressional gerrymandering advantage heading into this year’s midterm elections.

Legislative voting districts typically are redrawn once a decade after each census to account for population changes. But Trump started an unusual flurry of mid-decade redistricting last year when he encouraged Republican officials in Texas to redraw districts in a bid to win several additional U.S. House seats and hold on to their party’s narrow majority in the midterm elections.

California responded with new voter-approved districts drawn to Democrats’ advantage, and Utah’s top court imposed a new congressional map that also helps Democrats. Meanwhile, Republicans stand to gain from new House districts passed in Florida, Missouri, North Carolina, Ohio and Tennessee. They could add even more after the U.S. Supreme Court’s ruling in the Voting Rights Act case, which has prompted some other Republican states to consider redrawing their maps in time for this year’s elections.

Virginia currently is represented in the U.S. House by six Democrats and five Republicans who were elected from districts imposed by a court after a bipartisan redistricting commission failed to agree on a map after the 2020 census. The new districts could have given Democrats an improved chance to win all but one of the state’s 11 congressional seats.

Under the Demcoratic-drawn map, five districts would have been anchored in the Democratic stronghold of northern Virginia, including one stretching out like a lobster to consume Republican-leaning rural areas. Revisions to four other districts across Richmond, southern Virginia and Hampton Roads would have diluted the voting power of conservative blocs in those areas. And a reshaped district in parts of western Virginia would have lumped together three Democratic-leaning college towns to offset other Republican voters.

The state Supreme Court’s seven justices are appointed by the state legislature, which has toggled back and forth between Democratic, Republican and split control over recent years. Legal experts say the body doesn’t have a set ideological profile

The case before the court focused not on the shape of the new districts but rather on the process the General Assembly used to authorize them.

Because the state’s redistricting commission was established by a voter-approved constitutional amendment, lawmakers had to propose an amendment to redraw the districts. That required approval of a resolution in two separate legislative sessions, with a state election sandwiched in between, to place the amendment on the ballot.

The legislature’s initial approval of the amendment occurred last October — while early voting was underway but before it concluded on the day of the general election. The legislature’s second vote on the amendment occurred after a new legislative session began in January. Lawmakers also approved a separate bill in February laying out the new districts, subject to voter approval of the constitutional amendment.

Judicial arguments focused on whether the legislature’s initial approval of the amendment came too late, because early voting already had begun for the 2025 general election.

Attorney Matthew Seligman, who defended the legislature, argued that the “election” should be defined narrowly to mean the Tuesday of the general election. In that case, the legislature’s first vote on the redistricting amendment occurred before the election and was constitutional, he told judges.

An attorney for the plaintiffs, Thomas McCarthy, argued that an “election” should be interpreted to cover the entire period during which people can cast ballots, which lasts several weeks in Virginia. If that’s the case, he told justices, then the legislature’s initial endorsement of the redistricting amendment came too late to comply with the state constitution.

In January, a judge in rural Tazewell County, in southwestern Virginia, ruled that lawmakers failed to follow their own rules for adding the redistricting amendment to a special session last fall. Circuit Judge Jack Hurley Jr. also ruled that lawmakers failed to initially approve the amendment before the public began voting in last year’s general election and that the state had failed to publish the amendment three months before the election, as required by law. As a result, he said, the amendment is invalid and void.

The Virginia Supreme Court placed Hurley’s order on hold and allowed the redistricting vote to proceed before hearing arguments on the case.

Lieb writes for the Associated Press.

RICHMOND, Va. — Virginia Supreme Court justices on Monday questioned whether the state’s Democrat-led legislature complied with constitutional requirements when it sent a congressional redistricting plan to voters, in a case that could help decide the balance of power in the U.S. House.

The new districts, which could net Democrats four additional seats, won narrow voter approval last week. But a Republican legal challenge contends the General Assembly violated procedural rules by placing the constitutional amendment before voters to authorize the mid-decade redistricting. If the court agrees that lawmakers broke the rules, it could invalidate the amendment and render last week’s statewide vote meaningless.

The Virginia court proceedings mark the latest twist in a national redistricting battle between Republicans and Democrats seeking an advantage in a November midterm election that will determine whether Republicans maintain their narrow majority in the U.S. House.

President Trump kicked off a tit-for-tat round of gerrymandering last summer when he urged Texas Republicans to redraw districts to their favor in an attempt to win several additional House seats. That set off a chain reaction of similar moves in other states, leading to the voter approval last week of Virginia’s new map.

Next up is Florida, where Republican Gov. Ron DeSantis has included congressional redistricting on the agenda for a special session of the GOP-controlled Legislature beginning Tuesday.

Virginia arguments focus on what counts as an `election’

During Monday’s arguments, the Virginia Supreme Court focused on whether the new congressional districts should be invalidated because of the process used by lawmakers. The justices issued no immediate ruling.

Because the state’s redistricting commission was established by a voter-approved constitutional amendment, lawmakers had to propose an amendment to redraw the districts. That required approval of a resolution in separate legislative sessions, with a state election sandwiched in between, to place the amendment on the ballot.

The legislature’s first vote occurred in October — while early voting was underway but before it concluded on the day of the general election. Judicial questioning focused on whether that was too late, because early voting already had begun.

Attorney Matthew Seligman, who defended the legislature, argued that the “election” should be defined narrowly to mean the Tuesday of the general election. In that case, the legislature’s first vote on the redistricting amendment occurred before the election and was constitutional, he told judges.

But an attorney arguing for the plaintiffs, Thomas McCarthy, said “election” means the entire period during which people can cast ballots, which lasts several weeks in Virginia. If that’s the case, then the legislature’s initial endorsement of the redistricting amendment came too late to comply with the state constitution, he said.

Attorneys argue over the rights of voters

The purpose of Virginia’s two-step amendment process, with an intervening election, is so voters can know whether legislative candidates support or oppose a proposed constitutional amendment, McCarthy said.

He pointed to the case of Democratic voter Camilla Simon, one of the plaintiffs in the lawsuit alongside Republican state lawmakers, who cast an early vote last fall for Democratic Del. Rodney Willett. After she voted, Willett sponsored the Democratic redistricting amendment, and Simon wished she could have undone her vote, McCarthy said.

“None of these voters had any idea this was coming, and that’s not how this process is supposed to work,” McCarthy told the justices.

Those defending the Democratic redistricting plan also contend that the voters’ will should be respected.

The people voted to ratify the constitutional amendment, “and the challengers are asking to overturn that democratic result,” Seligman told reporters after the arguments.

Nationwide redistricting battle has no clear winner so far

So far, the two major parties have battled to a near draw in the states that have redrawn their congressional maps for this year’s midterms.

Republicans think they could win up to nine more seats under revised districts in Texas, Missouri, North Carolina and Ohio. Democrats think they could win as many as 10 additional seats under new districts in California, Utah and Virginia. But legal challenges remain in both Virginia and Missouri.

Virginia currently is represented in the U.S. House by six Democrats and five Republicans who were elected from districts imposed by a court after a bipartisan redistricting commission failed to agree on a map after the 2020 census. The new districts, which narrowly won voter approval on April 21, could give Democrats an improved chance to win 10 districts.

Some candidates already have begun campaigning based on the new districts in advance of the state’s Aug. 4 primary election.

More court battles could remain in Virginia

In January, a judge in rural Tazewell County, in southwestern Virginia, ruled that lawmakers failed to follow their own rules for adding the redistricting amendment to a special session last fall. Circuit Judge Jack Hurley Jr. also ruled that lawmakers failed to initially approve the amendment before the public began voting in last year’s general election and that the state had failed to publish the amendment three months before the election, as required by law. As a result, he said, the amendment is invalid and void.

The Virginia Supreme Court placed Hurley’s order on hold and allowed the redistricting vote to proceed before hearing arguments on the case.

During Monday’s arguments, justices also raised questions about the ability of lawmakers to expand the agenda for their special session and whether the three-month public notice requirement was important enough to thwart a voter-approved amendment.

Republicans have filed at least two additional legal challenges, which also are winding their way through the courts.

Robertson and Lieb write for the Associated Press. Lieb reported from Jefferson City, Mo. AP writers Allen G. Breed in Richmond and Nicholas Riccardi in Denver contributed to this report.