VA Supreme Court Hands VA Dems a Crushing Blow in Redistricting Fight

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Virginia’s new congressional map, which creates a 10-1 Democratic advantage, remains unapproved due to ongoing legal issues with the April 21 referendum. It barely passed, but procedural problems are involved. Therefore, the Virginia Supreme Court rejected a stay filed by Attorney General Jay Jones, which could have allowed the results to be certified as the appeals process continued (via WRIC Richmond):

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The Supreme Court of Virginia has denied a request from Democrats and the state to pause last week’s ruling by a Tazewell County judge, which blocked the State Board of Elections from certifying the results of the April 21 redistricting referendum.

A Tazewell County judge declared that the State Department of Elections could not move forward with certifying the results of the April 21 referendum until the Supreme Court of Virginia weighed in.

Then, Democrats and the state requested this emergency stay, which would have allowed the Department of Elections to move forward with certification while the appeals process plays out.

However, the Supreme Court of Virginia ruled on Tuesday, April 28, that the Department of Elections cannot do that. Our 8News legal analyst confirmed that this is just a ruling on the request for a stay and not on the merits of the appeal.

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WJLA’s Nick Minock had more on the oral arguments before the court on Monday:

Virginia’s Supreme Court held oral arguments Monday in a Republican-backed effort to block voter-approved redistricting in the state.

Voters approved a redrawn congressional map last week that would eliminate nearly all Republican-leaning congressional districts in Virginia and net Democrats four additional U.S. House seats in the 2026 mid-term election.

[…]

The Virginia Constitution requires lawmakers to pass the referendum once before a General Election takes place, then again after the newly elected assembly is seated.

Opponents of redistricting argue that since early voting in the 2025 election had been going on for over a month when it passed the first time, the referendum did not meet the requirement to pass before a General Election.

Virginia Supreme Court Justice Wesley Russell peppered the Democrats’ attorney with questions about that issue.

“So your position requires us to interpret an election in such a manner that literally, every single vote that is cast for whatever the office is cast before the election even begins?” asked Justice Russell.

[…]

The plaintiff in this case is a Democrat who voted early in the 2025 election. She said had Democratic lawmakers announced their intention to gerrymander district lines before she voted, she would have voted differently.

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Meanwhile, the Supreme Court handed down another defeat for Democrats trying to derail Texas’s new maps, issuing a brutal opinion that slapped down district courts trying to interfere in the electoral process. 

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