Virginia state capitol building in Richmond at sunrise. AdobeStock.
A Virginia court rejected an emergency bid to halt a proposed constitutional amendment meant to counter Republican gerrymanders nationwide ahead of the 2026 elections.
In a ruling issued Tuesday, a Tazewell County judge denied a request from Republican legislators seeking to stop the General Assembly from moving forward with a constitutional amendment that could allow a redraw of the state’s congressional map.
The decision clears the way for Democrats to proceed with their redistricting plan just as the Virginia General Assembly convenes this week, when the amendment could be formally introduced.
Virginia Democrats have openly argued that unilateral disarmament amid aggressive Republican gerrymanders is no longer viable — and in recent days have signaled they could pursue a map producing a 10–1 congressional delegation, leaving just one GOP-leaning district.
Republicans had asked the court to step in immediately and freeze the process before lawmakers could act. The judge declined, emphasizing that courts are not empowered to interrupt the work of elected officials while it is still underway.
“Plaintiffs’ Motion at its core, requests the Court to invade the province of the Legislature prior to the final actions of the Legislature,” the court wrote. “While that process is ongoing, the courts cannot interfere to stop any of the proceedings.”
In plain terms, the ruling rested on separation of powers — the idea that courts, lawmakers and voters each have distinct roles in the democratic process. The judge made clear that while courts can review laws and amendments after they are finalized, they cannot interfere prematurely.
“In the Separation of Power doctrine established by the U.S. Constitution as well as the Constitution of Virginia, the Court’s role in these situations is limited to scrutinizing the Constitutionality of any action of the Legislature is at the conclusion of the act, not in the process thereof,” the court added. “For well over a century, the courts of the Commonwealth have recognized a bedrock principle that amending the Constitution is a process left exclusively to the sound judgment of the Legislature that proposes amendments and the citizens that ratify or reject them.”
Virginia’s amendment process ultimately requires approval by Virginia voters. Blocking it before lawmakers can even act would have cut voters out of the conversation entirely, the court reasoned.
Republicans also attempted to get around legislative immunity — the doctrine that protects lawmakers from being sued for carrying out their official duties — by targeting legislative clerks instead. The court rejected that approach as well, finding that the clerks were simply doing their jobs.
“Likewise, this Court cannot find that any of these three Clerks have committed, or will commit, any wrongdoing by carrying out their respective duties as Clerks and agents of their employer legislators,” the court concluded.
The immediate effect of the ruling is procedural but the stakes remain high. With control of the U.S. House likely to hinge on a handful of seats, Virginia has emerged as a key front in a national fight over fair representation in Congress.
