In seismic midterm blow to Democrats, Virginia Supreme Court strikes down new map
The ruling raises major questions about whether Democrats will be as successful as they'd hoped in winning back the House of Representatives.
WASHINGTON – The Virginia Supreme Court has overturned a new voter-approved map that would have given Democrats an edge in the midterm elections, dealing a seismic blow to the party six months out from November.
The court held that the new map was illegal because lawmakers didn't follow the right procedures in proposing an amendment to the state constitution.
The May 8 ruling impedes Democratic efforts to fight back against an unusual mid-decade round of recent Republican redistricting in states such as Tennessee and Florida at President Donald Trump's behest. Bolstered by the prospect of an additional four seats in Virginia, Democrats had been increasingly bullish about their ability to wrest the House of Representatives from Republican control.
That optimism is in doubt after the 4-3 court decision. Republicans, including National Republican Congressional Committee Chairman Richard Hudson, didn't waste any time taking a victory lap.
"This win is yet another sign Republicans have the momentum heading into November," Hudson said in a statement. "We’re on offense, and we’re going to win."
Democrats have already requested a stay of the ruling and said they intend to file an emergency petition with the U.S. Supreme Court.
What did Virginia's justices decide?
Democratic state lawmakers put the decision before voters in an "unprecedented manner," Justice D. Arthur Kelsey argued in the court's majority opinion.
"This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy," Kelsey wrote, later saying, "While the Commonwealth is free by its lights to do the right thing for the right reason, the Rule of Law requires that it be done the right way."
Though the ruling dramatically alters the political winds heading into the midterm elections, it doesn't affect other states involved in the nationwide redistricting wars because it is a state court ruling and based on the Virginia constitution specifically.
The dissenting justices argued that the majority's decision incorrectly broadened the definition of an election to include early voting.
"This is in direct conflict with how both Virginia and federal law define an election," Chief Justice Cleo E. Powell wrote.
Trump cheers ruling
Virginia voters approved the congressional maps by a 52%-48% margin in a referendum April 21. The new lines sought to ensure Democrats are elected to 10 of Virginia's 11 U.S. House seats, an expansion of four seats from the party's current 6-5 advantage.
Democrats pumped significant resources into the referendum vote. The pro-redistricting group Virginians for Fair Elections spent more than $64 million and former President Barack Obama cut television ads to push for its approval.
Virginia Gov. Abigail Spanberger, a Democrat who helped lead the redistricting effort, expressed disappointment with the court's ruling.
"More than three million Virginians cast their ballots in Virginia’s redistricting referendum, and the majority of Virginia voters voted to push back against a President who said he is ‘entitled’ to more Republican seats in Congress with a temporary and responsive referendum," Spanberger said in a statement. "They made their voices heard."
She added her focus is now on "ensuring that all voters have the information necessary to make their voices heard this November."
Trump, who has pushed Republican-led states across the country to redraw House maps to increase their advantage, cheered the court’s decision.
“Huge win for the Republican Party, and America, in Virginia. The Virginia Supreme Court has just struck down the Democrats’ horrible gerrymander,” he wrote in a post on X.
The shift comes just a week after the U.S. Supreme Court delivered an even bigger setback to Democrats when it struck down a congressional map in Louisiana that had been drawn to protect the voting power of Black residents. The high court’s ruling narrowed the scope of the 1965 Voting Rights Act, prompting Republican leaders in several Southern states to launch expedited redistricting efforts to eliminate Black-majority districts held by Democrats.
Tennessee became the first state to dissolve a Democratic-held seat in the wake of the court's ruling on May 7 when the state Legislature approved new congressional lines that split Black-majority Memphis into three districts.
Democrats vow to fight on
Suzan DelBene, the top fundraiser for House Democrats, denounced the Virginia Supreme Court decision, characterizing it as four unelected judges casting aside the will of voters.
“This is a setback that sends a terrible message to Americans – the powerful and elite will do everything they can to silence you," she said in a statement.
She projected optimism that Democrats would still regain the House this year. Amid domestic fallout from the Iran war and larger cost-of-living concerns, Trump's popularity among Americans has hit new lows.
Historically, midterm elections don't bode well for the party in the White House. Yet past midterm years haven't been subject to the same kind of intense, last-minute map-drawing that has taken place this cycle. House Minority Leader Hakeem Jeffries, D-New York, said Democrats are "exploring all options to overturn this shocking decision."
"No matter what it takes, House Democrats will win in November so we can help rescue this nation from the extremism being unleashed by Donald Trump and Republicans," he said in a statement.
Zachary Schermele is a congressional reporter for USA TODAY. You can reach him by email at [email protected]. Follow him on X at @ZachSchermele and Bluesky at @zachschermele.bsky.social.