RICHMOND, Va. (7News) — 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.
Democrats’ gerrymandered congressional district map that Virginia voters narrowly approved last week is facing a handful of legal challenges.
SEE ALSO | Virginia judge blocks redistricting referendum from being certified
On Monday morning, the Virginia Supreme Court listened to oral arguments in what may be the most significant of those efforts – deciding whether Democratic lawmakers followed the rules for getting a Constitutional Amendment on the ballot.
Virginia Supreme Court hears GOP bid to block voter-approved redistricting map. (Nick Minock/7News)
Although Virginia voters narrowly approved gerrymandered congressional districts favoring Democrats last week, the election results are on hold.
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.
“Yes, your Honor,” the Democrats’ attorney answered.
“I understand the concern that someone who cast her ballot before something happened might be upset and that is a problem that is endemic [with] early voting,” Democrats’ attorney argued Monday. “That is a problem that someone accepts by taking advantage of the option of voting early.”
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.
Republican lawmakers hope the state supreme court takes her side.
“We think after listening to the oral arguments and certainly looking at the briefs, the law is very clear,” said Republican Senate Minority Leader Ryan McDougle. “The Constitution was not followed. And we hope that the court will rule accordingly.”
Meanwhile, the lawyer who argued for the referendum insisted the General Assembly followed protocol.
“We’re optimistic that the justices of the Supreme Court will recognize that the Constitution defines the election as taking place on the Tuesday succeeding the first Monday [of] November,” Democrats’ attorney said. “And every state and the federal courts agree on that.”
This case all seems to hinge on whether the majority of the Court’s seven justices believe “The Election” starts when voting starts, or is limited – for purposes of meeting Constitutional requirements – to Election Day itself.
Lawmakers tell 7News they expect the court to issue its ruling within two weeks, given the urgency of the issue.
