Virginia Democrats have formally asked the U.S. Supreme Court to step in and block a ruling from the Virginia Supreme Court that invalidated the referendum Democrats hoped would pave the way for sweeping congressional redistricting ahead of the 2026 midterms.
In an emergency petition filed Monday, Democrats argued the state high court’s narrow 4-3 ruling was legally flawed and improperly overturned what voters had already approved at the ballot box.
“A stay is warranted because the decision by the Supreme Court of Virginia is deeply mistaken,” attorneys for Democrats wrote in the filing.
The dispute centers on a proposed constitutional amendment that would have allowed Democrats to dramatically redraw Virginia’s congressional map. Under the plan, the state’s current 6-5 Democrat-to-Republican split in House seats could potentially have shifted to a lopsided 10-1 Democratic advantage.
But last week, Virginia’s Supreme Court struck down the referendum after finding lawmakers failed to follow procedural requirements laid out in the state constitution.
Under Virginia law, constitutional amendments require approval during two separate legislative sessions with an election occurring in between those sessions before voters can ratify the amendment statewide.
The problem, according to the court, was timing.
The General Assembly’s first approval vote occurred in October while early voting for the state election was already underway. The Virginia Supreme Court concluded that because voting had already begun, the constitutional requirement of an election occurring “between” legislative sessions had not actually been satisfied.
Democrats had previously urged state courts not to intervene until after the referendum vote itself took place. Now, after voters narrowly approved the amendment, Democrats argue the state judiciary improperly nullified the will of the electorate.
In their filing to the U.S. Supreme Court, Democrats advanced two primary arguments.
First, they argued Virginia’s high court wrongly treated the start of early voting as equivalent to Election Day itself when interpreting whether an election had already commenced.
Second, they claimed the court overstepped its authority and improperly interfered with powers constitutionally reserved to state legislatures over federal election regulations.
“The Supreme Court of Virginia transgressed the ordinary bounds of judicial review such that it arrogated to itself the power vested in the state legislature to regulate federal elections,” the petition states.
Democrats also warned the consequences of allowing the ruling to stand would be immediate and politically significant.
“The irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate,” the filing argued.
“By forcing the Commonwealth to conduct its congressional elections using districts different from those adopted by the General Assembly pursuant to a constitutional amendment the people just ratified, the Supreme Court of Virginia has deprived voters, candidates, and the Commonwealth of their right to the lawfully enacted congressional districts.”
