The Virginia Supreme Court ruled Wednesday, for the second time, that voters can decide whether the state can redraw its congressional map — clearing the way for a referendum that, if successful, could help counter GOP gerrymanders nationwide.
The ruling means election officials can immediately resume preparations for the April 21 referendum, including printing ballots and launching early voting on March 6.
The proposed amendment would temporarily allow the Virginia Legislature to adopt new congressional maps before the 2030 census — a move Democrats argue is necessary to defend fair representation as Republican-led states pursue aggressive mid-decade gerrymanders.
“The Supreme Court of Virginia’s decision ensures that this referendum will move forward and that Virginians will have the opportunity to make their voices heard,” House Speaker Don Scott (D) said in a statement following the ruling. “This question has always belonged to the voters, and I’m glad the Court made clear that the people will decide.”
In its order, the Virginia Supreme Court held that the lower court went too far by stopping the redistricting referendum itself — even though legal challenges to the amendment process remain unresolved.
The decision restores the referendum and allows election preparations to move forward immediately.
Wednesday’s ruling marks the second time in recent weeks that Virginia’s highest court has refused to stop the referendum from moving forward. In January, a Tazewell County judge ruled in favor of GOP lawmakers, saying the amendment process was invalid. The state Supreme Court reversed the decision and allowed the referendum to proceed while appeals continue.
At the heart of the court’s reasoning is a longstanding principle that courts should generally avoid interfering in the electoral process before voters have a chance to weigh in.
For more than a century, the court noted, Virginia law has recognized that judges should not interfere with citizens voting on proposed constitutional amendments.
“The amending of the Constitution is the making of a permanent law for the people of the State by which they are to be governed in the future, and the courts cannot interfere to stop any of the proceedings while this permanent law is in process of being made,” the court added.
The court did stress that it was not ruling on the legality of the amendment itself, but rather that the appropriate course is to let voters decide first — and resolve any constitutional problems later.
The order directly lifts a temporary restraining order issued by the same Tazewell County judge last month that halted all preparations for the referendum after a lawsuit was filed by the Republican National Committee and allied plaintiffs.
“It is the process, not the outcome, of this effort that we may ultimately have to address. Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision,” the court concluded.
While the court emphasized its decision was about timing rather than the legality of the amendment, the immediate effect is clear: Virginians will have a chance to vote on the proposal.
Supporters of the amendment have said the proposed amendment is necessary to counter nationwide GOP gerrymanders, pushed by President Donald Trump, and restore fair representation on a national scale.
